P. v. Emidy CA4/3
Kevin Keegen Emidy correctly argues this is a “silent-record” case reflecting no advisement of his trial rights concerning prior conviction and prior prison term allegations before the trial court asked for, and received, his admissions of those allegations. Under the totality of the circumstances, we cannot determine that in entering those admissions, Emidy made a knowing and intelligent waiver of his trial rights. (People v. Farwell (2018) 5 Cal.5th 295, 303 (Farwell).) We therefore reverse the court’s true findings regarding those enhancement allegations and remand for a new sentencing hearing, pending the prosecutor’s election to retry the prior conviction and prior prison term allegations.
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