California, United States of America
The following excerpt is from People v. Caban, 148 Cal.App.3d 706, 196 Cal.Rptr. 177 (Cal. App. 1983):
The issue presented is whether failure to advise defendant before entry of his guilty plea of the consequences attendant to his admission of the gun use allegation constituted error (In re Tahl (1969) 1 Cal.3d 122, 81 [148 Cal.App.3d 710] Cal.Rptr. 577, 460 P.2d 449; Boykin v. Alabama (1969) 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274); and if so whether such error was prejudicial to defendant. We answer each inquiry in the affirmative. Accordingly, we reverse the judgment of conviction regarding the gun use allegation and remand with directions to set aside defendant's gun use admission, reinstate the original gun use allegation, and undertake further proceedings in accordance with the views expressed in the opinion.
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