People v. Gloria

[52]

Opinion

STEPHENS, J.

By complaint, defendant was charged with 15 counts of robbery, violations of Penal Code section 211. Defendant pleaded guilty to five counts (counts I, II, V, VIII and X) and admitted, in each count, allegations of use of a firearm within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1). The plea bargain with the district attorney provided that the other counts would be dropped. Defendant’s motion to withdraw his guilty plea was denied. Probation was denied and defendant was sentenced to state prison. Having obtained a certificate of probable cause, defendant appeals from the judgment of conviction entered on August 31, 1978.

Defendant contends that his conviction is based upon a guilty plea taken in absence of an “on-the-record” waiver of defendant’s right to a jury trial. Defendant further contends that the failure of the court to advise defendant pursuant to Penal Code section 1016.5 constitutes reversible error. We find both contentions to be without merit.

(1)

Boykin

v.

Alabama

(1969) 395 U.S. 238 [23 L.Ed.2d 274, 89 S.Ct. 1709] and its progeny require that the trial court advise the accused as to his constitutional rights to a jury trial, to confrontation of witnesses, and against self-incrimination, to make certain that he has a full understanding of what the plea connotes and its consequences, and to ensure an adequate record for review.

(Boykin

v.

Alabama

(1969)

supra,

395 U.S. at pp. 243-244 [23 L.Ed.2d at pp. 279-280];

People

v.

Rizer

(1971) 5 Cal.3d 35, 37 [95 Cal.Rptr. 23, 484 P.2d 1367];