What rights does appellant have under the Health and Safety Code and Penal Code under section 12022.1 and section 11370.2?
California, United States of America
The following excerpt is from People v. Arias, A148609 (Cal. App. 2017):
Nothing in the colloquy surrounding the stipulations in this case would have alerted a reasonable person that appellant had any constitutional rights with respect to the stipulation. The enhancements under Penal Code section 12022.1 and Health and Safety Code section 11370.2 must be vacated and the case remanded for further proceedings. A retrial of the allegations is permissible.3 (See People v. Sifuentes (2011) 195 Cal.App.4th 1410, 1421.)
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