What is the test for accepting a criminal defendant's admission of a prior conviction?

California, United States of America


The following excerpt is from People v. Lopez, 2d Crim. No. B299004 (Cal. App. 2020):

"[B]efore accepting a criminal defendant's admission of a prior conviction, the trial court must advise the defendant and obtain waivers of (1) the right to a trial to determine the fact of the prior conviction, (2) the right to remain silent, and (3) the right to confront adverse witnesses. [Citation.] Proper advisement and waivers of these rights in the record establish a defendant's voluntary and intelligent admission of the prior conviction. [Citations.]" (People v. Mosby (2004) 33 Cal.4th 353, 356 (Mosby).) Where, as here, the transcript reveals that the trial court did not advise the defendant of each of these rights or obtain the defendant's personal waiver of them, "the reviewing court must examine the record of 'the entire proceeding' to assess whether the defendant's admission of the prior conviction was intelligent and voluntary in light of the totality of circumstances." (Id. at p. 361.)

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 the identity of a defendant's prior criminal convictions preclude the use of those prior convictions as evidence at trial of the same criminal charges? (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)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
When will a court accept a criminal defendant's admission of a prior conviction? (California, United States of America)
Does a defendant have to provide a record of criminal convictions and a history of criminal activity with respect to criminal convictions? (California, United States of America)
Does the Attorney General's reading of a transcript from the Superior Court of Justice's hearing into a murder conviction for a prior conviction for the same crime be considered admissible under section 190.3, factor (b) of the Criminal Code? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Does a defendant have forfeited the issue of motive under section 1101, subdivision (b) of section 1103 of the Criminal Code for failing to provide evidence that the victim's prior criminal convictions would have bolstered his claim of self-defense? (California, United States of America)
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.