California, United States of America
The following excerpt is from People v. Lloyd, 186 Cal.Rptr.3d 245, 236 Cal.App.4th 49 (Cal. App. 2015):
must be advised of (1) specific constitutional protections waived by an admission of the truth of an allegation of prior felony convictions, and (2) those penalties and other sanctions imposed as a consequence of a finding of the truth of the allegation. (Id. at p. 860, 112 Cal.Rptr. 513, 519 P.2d 561.) Proper advisement and waivers of these rights in the record establish a defendant's voluntary and intelligent admission of the prior conviction. [Citations.] (People v. Mosby (2004) 33 Cal.4th 353, 356, 15 Cal.Rptr.3d 262, 92 P.3d 841.)
Those cases in which a defendant was not expressly advised of his or her trial rights (right to trial, confrontation, and right to remain silent) generally fall into two categories: those cases where the record is completely silent as to an advisement of rights; and those where the Boykin Tahl advisements are incomplete. (See People v. Mosby, supra, 33 Cal.4th at pp. 361364, 15 Cal.Rptr.3d 262, 92 P.3d 841.) The
[236 Cal.App.4th 58]
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