Does the failure of the trial court to advise appellant of his rights with respect to admission of his prior conviction constitute Yurko error?

California, United States of America


The following excerpt is from People v. Stills, 29 Cal.App.4th 1766, 35 Cal.Rptr.2d 486 (Cal. App. 1994):

The Attorney General concedes that the failure of the trial court to advise appellant of his rights with respect to admission of the prior conviction "constituted Yurko error." The Attorney General, however, proceeds to argue that this was "harmless error," citing People v. Guzman (1988) 45 Cal.3d 915, 968, 248 Cal.Rptr. 467, 755 P.2d 917. More specifically, he urges that this error was harmless because there was no reasonable probability that the defendant would have denied the prior or that the prior would not have been found to be true.

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