P. v. Wagner CA2/8
Appellant, James Wagner, contends that his admission to a prior conviction for auto theft or unlawful driving or taking of a vehicle pursuant to Penal Code section 666.5 must be vacated because the trial court failed to admonish him of his constitutional rights pursuant to Boykin v. Alabama (1969) 395 U.S. 238, 239 (Boykin) and In re Tahl (1969) 1 Cal.3d 122, 132. We agree, and therefore vacate the admission and remand the case for either (1) another admission after proper admonitions and waivers or (2) a jury or court trial on the truth of the allegation of the prior conviction.
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