Does the Attorney General have any liability in advising a defendant not to enter into evidence that he was convicted of a sexual assault prior to trial?

California, United States of America


The following excerpt is from People v. Manzano, 284 Cal.Rptr. 812, 4 Cal.App.4th 1662 (Cal. App. 1991):

Citing People v. Guzman (1988) 45 Cal.3d 915, 968, 248 Cal.Rptr. 467, 755 P.2d 917, the Attorney General contends that "Any error in the [advisement] is harmless where there is no reasonable probability that the defendant would have denied the priors or they would not have been found true...." It appears from the record in this case that at the time the defendant entered his waivers the district attorney had marked, and was prepared to enter in evidence, certified copies of conviction records. Neither at the time of trial nor presently on appeal has the defendant indicated any substantive basis for a contention that the convictions did not occur or that he was not the person convicted. In sum, there appears to be no real issue as to the actual, substantive, validity of the charged priors.

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