Court Must Advise Defendant the Effect of Admitting Allegation
accepting a defendant's admission to a prior conviction, a trial court must advise the defendant of the nature of the allegation, the effect of admitting the allegation on the defendant's sentence, and the defendant's right to proceed to trial and require the State to prove the allegation. See id; Ariz. R. Crim. P. 17.2, 17.6.
A similar inquiry should be made before accepting a defendant's admission to committing an offense while on release. See State v. Rickman, 148 Ariz. 499, 504-05, 715 P.2d 752, 757-58 (1986).
The record reflects that the trial court failed to make the appropriate inquiry of defendant before accepting his admissions.
We therefore remand to the trial court for a hearing to determine whether defendant knew from any source the rights he was giving up and the consequences of his admissions. See State v. Medrano-Barraza, 190 Ariz. 472, 474-75, 949 P.2d 561, 563-64 (App. 1997).
If the trial court determines defendant did not know the effect of his admissions, defendant should be permitted to withdraw his admissions and require the State to prove the allegations. See Stuart, 168 Ariz. at 88, 811 P.2d at 340.