The trial court erred in failing to advise defendant of his Boykin/Tahl rights on prior convictions and aggravating factors before accepting defendant’s stipulation. Because nothing in the record affirmatively showed that defendant was aware of his rights, under the totality of the circumstances, defendant did not provide a knowing and voluntary waiver. The same requirements for advisement and waiver that apply to a defendant’s stipulation to a prior conviction apply to aggravating factors.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/B338040.PDF