What is the test for a Defendant's Admissions of Prior Convictions in a criminal case?

California, United States of America


The following excerpt is from People v. Tucker, D070270 (Cal. App. 2017):

"Thus, when the only error is failure to advise of the consequences of the plea [or admission of a prior conviction allegation], the error is waived if not raised at or before sentencing. Upon a timely objection, the sentencing court must determine whether the error prejudiced the defendant, i.e., whether it is 'reasonably probable' the defendant would not have pleaded guilty [or admitted the truth of the prior conviction allegation] if properly advised [of its penal consequences]. [Citation.]" (People v. Walker, supra, 54 Cal.3d at p. 1023.)

2. Defendant's Admissions of Prior Convictions

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