People v. Ray

California Court of Appeal Dec 16, 1965 No. Crim. 10736Published

Before: Kaus

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Holding. The court held that a defendant who pleads guilty to felony charges in municipal court does not waive the right to a jury trial on allegations of prior convictions subsequently filed in superior court. Because the record failed to show a waiver of this right, the findings regarding the prior convictions and the resulting sentence were reversed.

Issues

Whether a defendant who pleads guilty to felonies in municipal court waives the right to a jury trial on prior convictions charged later in superior court.
Whether the trial court erred in finding prior convictions true without a jury trial or a valid waiver of that right.

Disposition. Reversed and remanded.

Quotations verified verbatim against the opinion

“we agree that there is no indication that defendant personally or by his counsel waived his right to trial by jury on the two prior convictions. Section 969½ of the Penal Code clearly gives him such a right.”

“That part of the judgment finding the prior convictions to be true and imposing sentence is reversed and the cause is remanded to the trial court with directions to try the issue of the prior convictions according to law”

KAUS, J.

A complaint charging defendant with three felonies was filed in the Municipal Court of the Los Angeles Judicial District and he pleaded guilty to each count in the municipal court. (Pen. Code, § 859a.) The case was certified to the superior court. On June 26, 1964, the People moved to amend the complaint to charge two prior felony convictions. No reporter’s transcript for the proceedings on that day is before us, but the minutes appearing in the clerk’s transcript read as follows: ‘ ‘ On motion of People, amendment to information [sic] is filed, charging allegation of two priors. Defendant waives arraignment on amendment. Defendant denies priors. Further proceedings and disposition of priors continued to July 10,1964, at 9 :00 a.m.”

[735]

On July 10, there was a hearing in the superior court at which time a probation report was apparently before the court. At that hearing the deputy district attorney offered certified copies of the prior convictions in evidence and after some discussion involving principally the propriety of charging the prior convictions, the copies were apparently received and the court found the priors to be “good.” After a referral to the psychiatric department defendant was sentenced to the state prison on January 8,1965, probation being denied.

Appointed counsel in his brief says: “We have read, reread and re-re-read the Reporter’s Transcript consisting of eight pages and can find no evidence within those eight pages to indicate any evidence having been offered to the court concerning the prior convictions nor can we find a waiver of jury trial in connection with said priors. ’ ’

We have read the transcript and the superior court file which we have ordered transmitted to us pursuant to rule 12

and we agree that there is no indication that defendant personally or by his counsel waived his right to trial by jury on the two prior convictions. Section 969½ of the Penal Code clearly gives him such a right. The cases cited by the Attorney General,

People

Russell,

People v. Ray

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KAUS, J.

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