Illingworth v. Municipal Court

Opinion

CHRISTIAN, J.

Robert James Illingworth appeals from a judgment denying a writ of mandate to compel respondent municipal court to exclude from consideration in a pending drunk driving prosecution an alleged prior conviction of the same offense. The municipal court had already denied a motion by appellant to strike the prior conviction on the ground that appellant had not effectively waived the right to counsel.

In misdemeanor as well as felony prosecutions, the record must reflect a knowing waiver of constitutional rights before the court accepts a plea of guilty (Mills v. Municipal Court…