California, United States of America
The following excerpt is from People v. Tucker, D070270 (Cal. App. 2017):
subsequently summarized Yurko's holding, "before 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).) Neither the federal nor our state Constitution extends the right to a jury trial to the factual determination of whether a defendant has suffered a prior conviction. (Id. at p. 360.) "That right is purely statutory in origin. [Citations.]" (Ibid.) Nevertheless, Mosby "assume[d] for the purpose of this discussion that a defendant's due process trial rights, at least under our state Constitution, encompass the rights to remain silent and to confront witnesses. (Cal.Const., art. I, 15.)" (Ibid.)
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