People v. Gallegos

Opinion

WRIGHT, C. J.

The issue presented by this appeal is whether our decision in In re Mosley (Jan. 30, 1970) 1 Cal.3d 913 [83 Cal.Rptr. 809, 464 P.2d 473] should be applied retroactively to the date of Boykin v. Alabama ( June 2, 1969) 395 U.S. 238 [23 L.Ed.2d 274, 89 S.Ct. 1709], or prospectively. We have concluded that Mosley should be accorded prospective application only.

Defendant was charged by information with burglary (Pen. Code, § 459) and escape (Pen. Code, § 4532, subd. (b)). The cause originally was submitted for decision by stipulation of defendant, his counsel and counsel for…