Legal Opinion

Stewart v. Justice Ct. for Avenal Judicial Dist. of Kings Cty.

California Court of Appeal

Decided November 1, 1977No. Civ. 3083PublishedCited by 21 opinions

1Opinion of the Court

*609Opinion

HOPPER, J.

—The issue raised on this appeal is whether a conviction by a plea of guilty to a charge of violation of Vehicle Code section 23102, subdivision (a) (driving under the influence of intoxicating liquor), should be vacated under the existing constitutional standards for failure of the record to show an express and explicit waiver by the defendant of constitutional rights, We conclude that the guilty plea in this case is invalid because the record does not show on its face an express and explicit waiver of constitutional rights of jury trial, confrontation, privilege against…

2Cases cited13 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. In Re TahlCalifornia Supreme Court · 1969
  4. In Re JohnsonCalifornia Supreme Court · 1965
  5. In Re SmileyCalifornia Supreme Court · 1967

8 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. People v. SumstineCalifornia Supreme Court · 1984
  2. Ganyo v. Municipal CourtCalifornia Court of Appeal · 1978
  3. In Re MossCalifornia Court of Appeal · 1985
  4. State v. HaysNebraska Supreme Court · 1997
  5. People v. HartyCalifornia Court of Appeal · 1985

16 more not listed; retrieve them via the Exa API.

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