Does a defendant have to be advised of the consequences of admitting a prior conviction?

California, United States of America


The following excerpt is from People v. Miller, F071115 (Cal. App. 2017):

"[B]efore accepting a criminal defendant's admission of a prior conviction, the trial court must advise the defendant and obtain waivers of (1) the right to a trial to determine the fact of the prior conviction, (2) the right to remain silent, and (3) the right to confront adverse witnesses." (People v. Mosby (2004) 33 Cal.4th 353, 356, citing In re Yurko (1974) 10 Cal.3d 857, 863.) Furthermore, "before admitting a prior conviction allegation," "a defendant must also be advised of 'the full penal effect of a finding of the truth of an allegation of prior convictions,' " including "the precise increase in the prison term that might be imposed." (People v. Cross (2015) 61 Cal.4th 164, 170-171, quoting In re Yurko, supra, at pp. 864-865.) " '[U]nlike the admonition required for a waiver of constitutional rights, advisement of the penal consequences of admitting a prior conviction is not constitutionally mandated. Rather, it is a judicially declared rule of criminal procedure. [Citations.] Consequently, when the only error is a failure to advise of the penal consequences, the error is waived if not raised at or before sentencing.' "

Page 15

(People v. Jones (2009) 178 Cal.App.4th 853, 858, quoting People v. Wrice (1995) 38 Cal.App.4th 767, 770-771.)

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