Does Villalvazo-Garcia have to testify at trial to argue that he waived his right to plead not guilty?

MultiRegion, United States of America

The following excerpt is from U.S. v. Villalvazo-Garcia, 993 F.2d 887 (9th Cir. 1993):

The government contends that Villalvazo-Garcia cannot raise this claim because he did not testify at trial. We agree. "[T]o preserve an objection to a trial court's ruling that a prior felony conviction could be admitted, a defendant must actually testify at trial." Galindo v. Ylst, 971 F.2d 1427, 1429 (9th Cir.), petition for cert. filed, --- U.S.L.W. ---- (U.S. Dec. 29, 1992) (No. 92-7145). Because Villalvazo-Garcia did not testify, he waived any federal constitutional claim. See id.

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