California, United States of America
The following excerpt is from People v. Schwenk, A129685 (Cal. App. 2013):
In the case before us, the sole challenge to the admonitions by defendant is directed to the court's explicit reference to the right to a trial rather than a jury trial. The rule has evolved that where the trial court failed "to provide specific admonitions of the rights surrendered by the admission of a prior-prison-term allegation, the validity of the admission depends not on express admonitions and waivers but on whether the admission was 'voluntary and intelligent under the totality of the circumstances.' " (People v. Hinton (2006) 37 Cal.4th 839, 875, fn. 12, quoting from People v. Howard (1992) 1 Cal.4th 1132, 1178.) "By adopting in Howard the federal constitutional test of whether
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