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Name: People v. Cross
Case #: C070271
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/07/2013

Constitutional advisements and waivers are not required before a defendant stipulates to a prior conviction for domestic violence for purposes of section 273.5(e)(1). Appellant was charged with a violation of Penal Code section 273.5 (corporal injury on the mother of his child). At trial, defense counsel stipulated that appellant had previously been convicted of domestic violence with the same victim. Following his conviction and the finding of a prior conviction (Pen. Code, § 273.5, subd. (e)(1)), appellant appealed, contending that before the court accepted the stipulation, it should have advised him of his fundamental trial rights and obtained his waiver of them. Affirmed. In accepting a guilty plea, a trial court must advise a defendant of his rights and solicit a waiver of the rights. This requirement applies to substantive offenses and enhancements but does not apply to a defendant’s admission of evidentiary facts that do not embrace every element of an offense or enhancement. (People v. Adams (1993) 6 Cal.4th 570.) Here, the court concluded that section 273.5, subdivision (e)(1) is not an enhancement. Instead, it is a sentencing factor authorizing the trial court to impose an alternate sentencing scheme with elevated punishment such that, for the stipulation, the advisement and waiver requirements do not apply. (People v. Tardy (2003) 112 Cal.App.4th 783.)