Moore

In this case, we hold that admonitions and waivers are insufficient to support appellant’s admission of one of the two prior convictions charged as enhancements, but that they are sufficient for the other. We also conclude that the former jeopardy principle does not bar retrial of the prior conviction that must be set aside. Finally, we agree with appellant’s contention that he was not credited for presentence custody time to which he is entitled.

The appellant, David Moore, was charged with a narcotics offense. Two prior convictions also were alleged against him. Trial of the narcotics charge was bifurcated from trial of two prior convictions. After the jury reached its verdict on the narcotics violation, the jurors retired to the jury room to await further proceedings. At that point, appellant admitted the first prior conviction, but did so without any advisements or waivers of his constitutional rights to jury trial, confrontation and the privilege against self-incrimination. Then, following a minimal but adequate advisement and waiver of his rights, appellant admitted the second prior conviction. The jury was then discharged.

Because there were no admonitions with…