People v. Levey

Opinion

MOSK, J.

Defendant was convicted of violating section 11912 of the Health and Safety Code (sale of a restricted dangerous drug) after stipulating that the case could be decided by the trial court on the basis of the transcript of the preliminary hearing. He contends that the stipulation was tantamount to a plea of guilty (In re Mosley (1970) Cal.3d 913 [83 Cal.Rptr. 809, 464 P.2d 473]), that, therefore, he should have been advised of the constitutional rights he waived by the entry of such a plea, and that the judgment must be reversed because he was not advised of his privilege against…