Is it necessary that an accused be advised of his right to confrontation before admitting a prior felony conviction?

California, United States of America


The following excerpt is from People v. Olgin, 130 Cal.App.3d 184, 181 Cal.Rptr. 563 (Cal. App. 1982):

The People apparently cite People v. Martinez (1980) 109 Cal.App.3d 851, 167 Cal.Rptr. 477, for the proposition that it is not necessary that an accused be advised of his right to confrontation before admitting a prior felony conviction. In Martinez, the court stated: "It is contended that, because defendant was not expressly advised that he had a right to cross-examine witnesses as to the priors, his admission was invalid under In re Yurko (1974) 10 Cal.3d 857, 112 Cal.Rptr. 513, 519 P.2d 561 ... We cannot read Yurko as imposing such a requirement. That opinion directed its attention to the need to advise a defendant of the important consequences of a finding of priors; it nowhere expressly refers to an advisement of any right of cross-examination." (At p. 856, 112 Cal.Rptr. 513, 519 P.2d 561.)

Other Questions


When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (California, United States of America)
Does a defendant have the right to appeal against a federal conviction for a prior state felony conviction? (California, United States of America)
Does a prior juvenile conviction constitute a prior felony conviction for "Three Strikes" purposes? (California, United States of America)
Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)
Is a defendant's prior hit and run conviction not an abuse of the court's discretion in admitting evidence of a prior hit-and-run conviction? (California, United States of America)
What are the consequences of a defendant not being advised of their right to confrontation, confrontation and right to remain silent? (California, United States of America)
Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
When a defendant has been convicted of a prior criminal offence, what are the factors that determine whether the prior conviction should be admitted to the jury? (California, United States of America)
Does admitting into evidence of volunteered statements by a defendant prior to his having been advised of his rights under the Federal Constitution violate such rights? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.