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):
At the change of plea hearing on August 31, 1981, defendant gave informed waivers of his constitutional rights to a jury trial, to confront and cross-examine witnesses against him, and to his right not to incriminate himself. Defendant was further informed that the maximum combined prison term for the robbery charge and gun use admission was seven years. He was told he could make application for probation, which in turn would result in the preparation of a probation report to be considered by the court prior to his sentencing, and that by pleading guilty he was waiving his right to [148 Cal.App.3d 709] reject any terms or conditions for probation. He was not, however, told that his admission of the gun use allegation would render him legally ineligible for a grant of probation under section 1203.06, subdivision (a)(1)(iii), as interpreted by People v. Tanner (1979) 24 Cal.3d 514, 156 Cal.Rptr. 450, 596 P.2d 328. 3
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.