Does a criminal defendant who pleads guilty to a charge of sexual assault waive three constitutional rights?

California, United States of America


The following excerpt is from People v. Lopez, E053425 (Cal. App. 2012):

A criminal defendant who pleads guilty, waives three constitutional rights: (1) the privilege against self-incrimination, (2) the right to a jury trial, and (3) the right to confront one's accusers. A waiver of these fundamental constitutional rights must be made knowingly, intelligently, and voluntarily. Such a waiver may not be presumed from a silent record. The record must affirmatively disclose that the waiver was made knowingly and voluntarily. (Boykin v. Alabama (1969) 395 U.S. 238, 243.) In California, the same rule applies to admitting a prior conviction or prior prison term allegation. (In re Yurko (1974) 10 Cal.3d 857, 863.)

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