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People v. White5/8/1981
nson, supra, 62 Cal. 2d 325, 336 [42 Cal. Rptr. 228, 398 P.2d 420]: 'We must recognize that the typically crowded arraignment calendars of our courts pose urgent problems in the administration of justice in California. This is particularly true of those courts in large municipalities which are called upon to deal with an unending stream of traffic violations, drunk cases, vagrancies, and similar petty offenses. While there can be no impairment of the fundamental constitutional rights of any defendant, however minor his crime, in certain situations there may be a choice of valid ways to implement these rights. Where such is the case -- and constitutional rights are respected -- the convenience of the parties and the court should be given considerable weight.'" (108 Cal. App. 3d at pp. 370-371.)
The burden of proof was upon the defendant below to prove the constitutional invalidity of the prior conviction, once such conviction was established. (People v. Coffey (1967) 67 Cal. 2d 204, 217 [60 Cal. Rptr. 457, 430 P.2d 15]; People v. Barlow, supra, 103 Cal. App. 3d, at pp. 372-373; People v. Evans (1980) 112 Cal. App. 3d 607, 612-613 [169 Cal. Rptr. 240].) The docket of the prior case reflects that defendant was advised of his right to counsel and made a knowing and intelligent waiver of the right. No contrary evidence has been presented.
The order is reversed with directions to reinstate the allegation of a prior conviction and to conduct further proceedings not inconsistent with this opinion.
Disposition
The order is reversed with directions to reinstate the allegation of a prior conviction and to conduct further proceedings not inconsistent with this opinion.
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