Stewart v. Justice Court

In Stewart v. Justice Court (1977) 74 Cal.App.3d 607, the record consisted of a minute order with a checklist of rights given; a notation on the docket that defendant was duly arraigned and instructed; a typed notation, signed by the judge, that defendant had freely and intelligently waived his rights; and testimony by the judge discussing his general practice of informing defendants of their rights. ( Id. , at pp. 609-610.) The record therein failed to show that the trial judge had asked the appellant "if he waived each of his constitutional rights, or if such question or questions were asked, what response, if any, was made. The manner of waiving, if in fact there was a waiver, is not made explicit, or is it even mentioned whether it was express." (Id .)