People v. Cross
Annotate this CaseDefendant was charged with felony infliction of corporal injury in violation of Cal. Penal Code 273.5(a). The information further alleged that Defendant had suffered a prior conviction under section 273.5. At trial, Defendant stipulated to the prior conviction. The trial court accepted stipulation without advising Defendant of any trial rights or eliciting his waiver of those rights. A jury subsequently convicted Defendant of violating section 273.5(a) and found true the allegation that Defendant suffered a prior conviction. In light of the prior conviction, the trial court sentenced Defendant to a maximum term of five years. Defendant appealed, arguing that his stipulation to the prior conviction was invalid because it had the direct consequence of subjecting him to a longer prison term. The Court of Appeal affirmed the sentence. The Supreme Court reversed in part, holding that Defendant’s stipulation must be set aside, as (1) Defendant was entitled to be advised of his right to a fair determination of the truth of the prior conviction allegation; and (2) because the record did not affirmatively show that Defendant was aware of his right to a fair determination of the truth of the prior conviction allegation, Defendant’s stipulation must be set aside.
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