Does the Attorney General have an obligation to advise a defendant of the penal consequences of admitting their prior convictions?

Unlike advisements on confrontation and the right to remain silent, the obligation to advise a defendant of the penal consequences of admitting his prior convictions is a judicially declared rule of criminal procedure that is not constitutionally mandated, and therefore subject to forfeiture if not raised at or before the time of sentencing. (People v. Wrice (1995) 38 Cal.App.4th 767, 770-771.) Defendant had ample opportunity to object. He was put on notice that his sentence could be increased before the sentencing hearing. The probation report listed defendant's prior convictions as an aggravating factor warranting a high base term, and the People's sentencing memorandum, filed prior to sentencing, specifically recommended that the court impose two one-year enhancements for the prior convictions. We agree with the Attorney General that defendant forfeited his contention by failing to timely object. Regardless, even if defendant preserved the issue of the trial court's failure to advise him of the penal consequences of his admissions, we conclude that defendant was on notice of the consequences for the reasons stated above.

We also reject defendant's alternative argument that any forfeiture was the result of counsel's ineffective

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assistance. To demonstrate ineffective assistance of counsel, defendant must establish that counsel was deficient and that defendant was prejudiced by the deficiency. (People v. Vines (2011) 51 Cal.4th 830, 875.) "'"'Reviewing courts will reverse convictions [on direct appeal] on the ground of inadequate counsel only if the record on appeal affirmatively discloses that counsel had no rational tactical purpose for [his or her] act or omission.'" [Citation.]' [Citation.]" (Id. at p. 876.) "'"'Prejudice is shown when there is a "reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different."'"' [Citation.]" (Ibid.)