Can a statement by an attorney at a Proposition 47 hearing be considered a judicial admission?

California, United States of America


The following excerpt is from People v. Banks, B262395 (Cal. App. 2017):

The statement by appellant's attorney constituted a judicial admission that appellant was, on multiple grounds, ineligible for Proposition 47 relief. (See People v. Jackson (2005) 129 Cal.App.4th 129, 161 [counsel's oral statements can be treated as judicial admissions if intended, or reasonably construed by the court or other party, as such].) Appellant does not claim his counsel at the Proposition 47 hearing rendered ineffective assistance of counsel on any matter, including counsel's representation that appellant was, on multiple grounds, ineligible for Proposition 47 relief.

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