When a defendant waives all of his constitutional rights, does the court have to consider whether the waiver was voluntary or intelligent?

California, United States of America

The following excerpt is from People v. Crowdus, C083574 (Cal. App. 2017):

When a defendant does not expressly waive all of his rights, a reviewing court must examine "whether 'the record affirmatively shows that [the admission] is voluntary and intelligent under the totality of the circumstances.' " (People v. Mosby (2004) 33 Cal.4th 353, 360, quoting People v. Howard (1992) 1 Cal.4th 1132, 1175, italics omitted.) "The focus is not whether [an allegation of] a prior [conviction] would have been found true, but on whether the defendant knew of his constitutional rights." (People v. Stills (1994) 29 Cal.App.4th 1766, 1770, citing People v. Howard, supra, 1 Cal.4th at p. 1180.)

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