People v. Mueller

In a stipulated bench trial, court should elicit from Defendant that he is presenting and preserving a defense and that he is not stipulating that evidence is sufficient to convict, as failure to establish either factor renders trial tantamount to a guilty plea, and the issue sought to be preserved is foreclosed. When a defendant’s stipulation is tantamount to a guilty plea, the defendant has thereby waive all nonjurisdictional issues. (SPOMER and CATES, concurring.)