People v. Vargas CA4/1

Filed 5/12/14 P. v. Vargas CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064148

Plaintiff and Respondent,

v. (Super. Ct. No. SCS263094)

DANIEL VARGAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County,

Garry G. Haehnle, Judge. Affirmed.

Wayne C. Tobin for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Barry Carlton and James H.

Flaherty III, Deputy Attorneys General, for Plaintiff and Respondent.

A jury found Daniel Vargas guilty of being an inmate in possession of a weapon.

He later admitted suffering a strike prior. At a sentencing hearing the following month,

the trial court noted that when Vargas admitted suffering the strike prior, it had neglected

to inform him that he had constitutional rights to a jury trial on the strike allegation, to

have the prosecution prove the allegation, to confront witnesses, present a defense and

remain silent. When the court asked Vargas if he wanted to give up those rights, Vargas