California, United States of America
The following excerpt is from People v. Rowland, 51 Cal.App.4th 1745, 60 Cal.Rptr.2d 351 (Cal. App. 1997):
As a rule, "before taking a guilty plea the trial court must admonish the defendant of both the constitutional rights that are being waived and the [51 Cal.App.4th 1753] direct consequences of the plea. [Citations.]" (People v. Walker, supra, 54 Cal.3d 1013, 1022, 1 Cal.Rptr.2d 902, 819 P.2d 861.) An award of restitution
Page 356
"Unlike the admonition of constitutional rights, however, advisement as to the consequences of a plea is not constitutionally mandated. Rather, the rule compelling such advisement is 'a judicially declared rule of criminal procedure.' [Citation.].... [p] '[A]n uninformed waiver based on the failure of the court to advise an accused of the consequences of an admission constitutes error which requires that the admission be set aside only if the error is prejudicial to the accused.' [Citation.] 'A showing of prejudice requires the appellant to demonstrate that it is reasonably probable he would not have entered his plea if he had been told about the [award].' [Citations.] [p] [T]he error is waived absent a timely objection." (People v. Walker, supra, 54 Cal.3d 1013, 1022-1023, 1 Cal.Rptr.2d 902, 819 P.2d 861.)
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.