Ray

*945 Opinion

Melvin James Ray was convicted by jury of attempted robbery (Pen. Code, §§ 211, 664) 1 by use of a knife (§ 12022, subd. (b)). Before trial he admitted he had suffered three prior serious felony convictions, and had served three prior prison terms therefor (§§ 667, subd. (a), 667.5, subd. (b)). He was sentenced to the middle term of two years for attempted robbery, one additional year for weapon use, and five years for each prior serious felony conviction, for a total term of eighteen years. The one-year prior prison term enhancements were stayed.

Before accepting Ray’s admissions of the priors, the court advised him that he had the right to a jury trial on the allegations, that he had the right to cross-examine the prosecution’s witnesses, that he would waive these rights by his admissions, that the district attorney would bear the burden of proving the allegations true, and that admitting the allegations would increase his potential prison term to 19 years if he was convicted of the robbery. The record contains no indication Ray was advised that by admitting the allegations he would be giving up his right not to incriminate himself.

The Attorney General concedes…

I concur. Present law requires the result we reach, but common sense, waste of precious public resources, and restraint in imposing frivolous trials on already overburdened trial courts, cry out for the Supreme *951 Court to reexamine the law. Nowhere in the record, 1 the briefs, or at oral argument was the claim made that Ray’s prior convictions were invalid. If there ever was harmless error, this is it. Yet a rule of per se reversal, even with absolutely no showing prejudicial error occurred, requires us to award a new trial to Ray because of a technical error. It is exactly this kind of decision which lessens public confidence in the judicial process.

The costs of transporting Ray from state prison to San Mateo County for trial, paying a lawyer to represent him, paying the costs of a jury trial and, undoubtedly, another appeal, constitute a gross waste of taxpayer dollars, since Ray makes no claim he could prevail upon a trial of the validity of his prior convictions. In addition to the needless financial cost, a heavily overburdened district attorney and trial court will waste time on a frivolous claim which could be better spent reducing the backlog of serious criminal…

Melvin James Ray was convicted by jury of attempted robbery (Pen. Code, §§ 211, 664) [1] by use of a knife (§ 12022, subd. (b)). Before trial he admitted he had suffered three prior serious felony convictions, and had served three prior prison terms therefor (§§ 667, subd. (a), 667.5, subd. (b)). He was sentenced to the middle term of two years for attempted robbery, one additional year for weapon use, and five years for each prior serious felony conviction, for a total term of eighteen years. The one-year prior prison term enhancements were stayed.

Before accepting Ray's admissions of the priors, the court advised him that he had the right to a jury trial on the allegations, that he had the right to cross-examine the prosecution's witnesses, that he would waive these rights by his admissions, that the district attorney would bear the burden of proving the allegations true, and that admitting the allegations would increase his potential prison term to 19 years if he was convicted of the robbery. The record contains no indication Ray was advised that by admitting the allegations he would be giving up his right not to incriminate himself.

The Attorney General…