Hernandez

Appellant was convicted of a violation of Penal Code section 4574 (possession of a dangerous weapon while confined in the county jail). He admitted a prior burglary conviction in San Bernardino County for which he served a prison term. Appellant makes several contentions on appeal.

First, appellant contends that the trial court committed error in failing to properly advise him concerning admission of priors. Before an accused can validly admit a prior felony conviction, he must be advised of, and waive, the same constitutional rights waived as to a finding of guilt in case of a guilty plea, i.e., his right to jury trial, confrontation and against self-incrimination as to the prior. And further the accused must be advised of the legal consequences of his admission (In re Yurko (1974) 10 Cal.3d 857, 863-864 [ 112 Cal.Rptr. 513 , 519 P.2d 916 ]; In re Foss (1974) 10 Cal.3d 910, 930 [ 112 Cal.Rptr. 649 , 519 P.2d 1073 ]).

Appellant was told of his right to have a jury determine the issue of whether he had been convicted on the prior conviction; that he would be giving up his right of self-incrimination; and that by admitting the prior, if convicted of the Penal Code section…