Is a defendant's failure to request a change of plea pursuant to section 1192.5 of the Criminal Code a waiver of his right to plead not guilty?
California, United States of America
The following excerpt is from People v. Preciado, 144 Cal.Rptr. 102, 78 Cal.App.3d 144 (Cal. App. 1978):
[78 Cal.App.3d 149] Appellant's failure affirmatively to request a change of plea should not be deemed a waiver of his right to do so. "Since he was never advised of his rights under section 1192.5, he should not be held to have waived them." (People v. Johnson, 10 Cal.3d 868, 872, 112 Cal.Rptr. 556, 559, 519 P.2d 604, 607.)
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