Does a recidivist have prior experience in the criminal justice system relevant to their knowledge and sophistication regarding their legal rights?

California, United States of America


The following excerpt is from People v. Canole, D072506 (Cal. App. 2018):

In People v. Cross, the court reiterated the rule pronounced in People v. Mosby1 (2004) 33 Cal.4th 353, 361, that in applying the totality of circumstances test the reviewing court must review the entire record, not just the record of the plea colloquy. The court further stated that previous experience in the criminal justice system is relevant to a recidivist's knowledge and sophistication regarding his or her legal rights. (People v. Cross, at pp. 179-180.) Defendant does not dispute application of the totality of circumstances test. Rather, defendant urges the totality of circumstances test does not establish defendant's admission was knowing and voluntary.

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