What is the test for accepting a guilty plea in a criminal case?

California, United States of America


The following excerpt is from People v. Pereyra, E063076 (Cal. App. 2016):

Under both the federal and state Constitutions, before a court accepts a guilty plea a defendant must be advised of his rights to confront witnesses against him and of the privilege against compelled self-incrimination. (Boykin v. Alabama (1969) 395 U.S. 238, 242; In re Tahl (1969) 1 Cal.3d 122, 132-133.) In California, the same rule applies to the acceptance of an admission of the truth of an alleged prior conviction. (In re Yurko (1974) 10 Cal.3d 857, 863.) On appeal, if the express waivers were incomplete, both federal and state appellate courts review the record for affirmative evidence that the admission was voluntary and intelligent under the "totality of the circumstances." If so,

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