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People v. Farwell, 231009

Reversed. Defendant entered into a stipulation that admitted all of the elements of the charged crime, but was neither advised of, nor expressly waived his privilege against self-incrimination or his rights to a jury trial. The Supreme Court held that the People v. Howard, 1 Cal.4th 1132 applies to not only incomplete advisements, but to silent records as well. Using Howard, the court determined that the record failed to show that defendant understood that the stipulation had the effect of waiving his rights. The stipulation was the only basis for the jury’s misdemeanor verdict. The court of appeals affirmed that conviction, but now the Supreme Court reverses.

Appellate Information

  • Decided
  • Published 2018/06/21


  • Corrigan


  • Supreme Court of California