What is the test for a defendant to have a right to remain silent and to confront witnesses?

California, United States of America


The following excerpt is from People v. Baltazar, H036593 (Cal. App. 2011):

The statutory right to trial encompasses the constitutional rights to remain silent and to confront witnesses. (People v. Mosby (2004) 33 Cal.4th 353, 360.) Although explicit admonitions on each of the three rights is not required (ibid.), the record must affirmatively show that admission of the priors " "represents a voluntary and intelligent choice among the alternative courses of action open to the defendant." ' [Citation.]" (Id. at p. 361.) " [T]he record must affirmatively demonstrate that the plea [that is, the admission of a prior conviction] was voluntary and intelligent under the totality of the circumstances.' " (People v. Allen (1999) 21 Cal.4th 424, 438.)

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