California v. Button

Edward Benjamin Button was tried by jury and convicted on one count of corporal injury to a spouse or roommate, and one count of assault by means likely to produce great bodily injury. The trial court imposed a sentence of 240 days in the custody of the Sheriff, stayed execution of the portion of the sentence that Button had not yet served (220 days), and placed Button on formal probation for three years. On appeal, Button claimed the State failed to present sufficient evidence that he was not acting in self-defense when he punched the victim in the face, breaking her nose and causing her to suffer a concussion. In the unpublished portion of its opinion, the Court of Appeal concluded there was plainly evidence upon which the jury could have reasonably found that Button did not act in self-defense. Button also claimed the jury's true findings on the serious felony allegations had to be reversed because the findings were premised on an invalid stipulation entered into between the State and the defense pursuant to which Button effectively admitted the truth of the allegations. Button contended the stipulation was invalid because the trial court failed to admonish with respect to the constitutional rights that he was foregoing by entering into the stipulation, and also failed to advise him of the penal consequences of the stipulation. The Court of Appeal concluded the trial court was not required to provide the admonishments. View "California v. Button" on Justia Law