Cheeks

Defendant James O. Cheeks was found guilty, upon a jury’s verdicts of assaults with a deadly weapon in violation of Penal Code section 245, subdivision (a) (counts II and III), and possession of a concealable firearm by one previously convicted of a felony in violation of Penal Code section 12021 (count IV). He appeals from the judgment which was entered on the verdicts.

The first of Cheeks’ appellate contentions is stated as: “Since appellant was inadequately voir dired when he admitted, out of the jury’s presence, that he had suffered two prior felony convictions, his conviction under Penal Code section 12021 must be reversed.” His reliance is upon the recent (1980) case of People v. Hall (1980) 28 Cal.3d 143 [ 167 Cal.Rptr. 844 , 616 P.2d 826 ].

Out of the jury’s presence, Cheeks stipulated that he had previously been convicted of a felony within the meaning of Penal Code section 12021. The only issue thereafter given the jury as to count IV was whether he had in fact possessed a concealable firearm. In such a case, People v. Hall required trial courts thereafter “to asshre the record adequately reflects the fact that a defendant is advised of any constitution al…