P. v. Torres CA1/1
The trial court below accepted the parties’ stipulation to the truth of a prior conviction allegation, which had the direct consequence of subjecting defendant to greater punishment, without advising her of her trial rights, or eliciting her waiver of those rights, or informing her of the penal consequences of the stipulation. The trial court’s acceptance of an unwarned stipulation to the truth of such a prior conviction allegation violated In re Yurko (1974) 10 Cal.3d 857 (Yurko) and, under the totality of the circumstances here, requires that the stipulation be set aside.
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