STEWART v. JUSTICE COURT

Docket No. 3083.

74 Cal.App.3d 607 (1977)

141 Cal. Rptr. 589

ROBERT OWEN STEWART, Plaintiff and Appellant, v. THE JUSTICE COURT FOR THE AVENAL JUDICIAL DISTRICT OF KINGS COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

Court of Appeals of California, Fifth District.

November 1, 1977.


Attorney(s) appearing for the Case

COUNSEL

Roger T. Nuttall for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Robert D. Marshall, Vincent J. Scally, Jr., and Nelson P. Kempsky, Deputy Attorneys General, for Real Party in Interest and Respondent.


OPINION

HOPPER, J.

The issue raised on this appeal is whether a conviction by a plea of guilty to a charge of violation of Vehicle Code section 23102, subdivision (a) (driving under the influence of intoxicating liquor), should be vacated under the existing constitutional standards for failure of the record to show an express and explicit waiver by the defendant of constitutional rights...

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