Can a man who pleaded guilty to a charge of sexual assault obtain relief against compulsory self-incrimination from the Court of Appeal?

California, United States of America


The following excerpt is from Fitch v. Justice Court, 101 Cal.Rptr. 227, 24 Cal.App.3d 492 (Cal. App. 1972):

The relief sought in the petition was based upon an allegation that appellant had not been advised of, and had not knowingly and expressly waived, his privilege against compulsory self-incrimination, his right to a trial by jury, his right to confront his accusers, and his right to be advised of the nature of the charges and consequences of a guilty plea, in accordance with the requirements of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 and In re Tahl, 1 Cal.3d 122, 81 Cal.Rptr. 577, 460 P.2d 449. In an order denying the petition the court stated that it had no doubt that the Boykin and Tahl standards applied to felonies, but it did not believe they applied to misdemeanors and situations such as presented in this case.

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