California, United States of America
The following excerpt is from People v. Powers, 151 Cal.App.3d 905, 199 Cal.Rptr. 142 (Cal. App. 1984):
"The entry of a plea of guilty necessarily includes the requirement of an intelligent waiver of the right to a trial by jury. (Boykin v. Alabama, 395 U.S. 238, 243-244 [23 L.Ed.2d 274, 279-280, 89 S.Ct. 1709, 1712]; In re Tahl, 1 Cal.3d 122, 130 [81 Cal.Rptr. 577, 460 P.2d 449].) If such a plea, even though induced by a desire to avoid the possible imposition of the death penalty, stands when that penalty is later declared unconstitutional, it follows the waiver of the less extensive and included right to trial by jury also survives the same circumstance." (28 Cal.App.3d at p. 660, 104 Cal.Rptr. 807.)
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