[Download] "People V. Newman" by California Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: People V. Newman
- Author : California Supreme Court
- Release Date : January 16, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This case presents the question whether, in a prosecution for possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)), a defendant must be advised of and waive certain rights set forth in Boykin v. Alabama (1969) 395 U.S. 238, In re Tahl (1969) 1 Cal.3d 122, and In re Yurko (1974) 10 Cal.3d 857 (hereafter frequently referred to as Boykin-Tahl advisements) prior to stipulating to his or her status as a felon. *fn1 The issue has spawned conflicting pronouncements from this court (compare People v. Adams (1993) 6 Cal.4th 570, 581 (Adams), and People v. Hall (1980) 28 Cal.3d 143, 157, fn. 9 (Hall) and from the Courts of Appeal (compare People v. Robertson (1992) 11 Cal.App.4th 835, 840-842 (Robertson), People v. Turner (1983) 145 Cal.App.3d 658, 670-671 (Turner), disapproved on another point in People v. Majors (1998) 18 Cal.4th 385, 411, and People v. Fisk (1975) 50 Cal.App.3d 364, 371). We granted the People's petition for review to resolve the conflict in these holdings.
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