Howard

I concur in the affirmance of appellant’s conviction of selling cocaine but dissent, with some misgiving, from the reversal of appellant’s admission of a state prison prior (Pen. Code, § 667.5).

Although reasonable minds could differ, I am persuaded by “the totality of the relevant circumstances . . . that defendant’s admission of the prior conviction was voluntary and intelligent despite the absence of an explicit admonition on the privilege against self-incrimination [and right of confrontation].” (People v. Howard (1992) 1 Cal.4th 1132, 1180 [ 5 Cal.Rptr.2d 268 , 824 P.2d 1315 ].) As set forth in the majority opinion (fn. 3, ante, p. 1664), the colloquy between appellant and both the trial court and prosecutor makes clear appellant knew he had a right not to admit the prior. As Howard observed, “when the record demonstrates that knowledge there is ‘no need to *1666 go farther and attach to such knowledge the talismanic phrase “right not to incriminate himself.” ’ ” (Ibid.)

Similarly, I believe the record demonstrates appellant knew he had a right to confront witnesses and voluntarily waived that right. Apposite are the following circumstances: the prosecutor explained to…

James Earl Howard appeals from the judgment entered following a jury trial that resulted in his conviction of selling cocaine, with his admission he had a prior felony conviction for which he served a separate prison term. (Health & Saf. Code, § 11352, subd. (a); Pen. Code, § 667.5, subd. (b).) He contends: “I. The prosecutor’s remarks to the jury constituted misconduct which requires reversal of appellant’s judgment of conviction. II. The trial court committed reversible error in failing to properly advise appellant of his constitutional rights before he waived those rights and admitted the prior conviction.”

*1662 Viewed in accordance with the usual rules on appeal (People v. Barnes (1986) 42 Cal.3d 284, 303 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ]), the evidence established that, about 5:50 p.m. on August 26, 1992, Inglewood Police Officer Steven Gentry and Agent Arnold Allen of the Alcohol, Tobacco and Firearms Agency were working a “buy” program with a narcotics task force. They drove to 112th Street and Prairie Avenue in Inglewood where appellant was standing at the curb with three or four other males. Appellant caught Gentry’s eye and waved Gentry to his location.…

James Earl Howard appeals from the judgment entered following a jury trial that resulted in his conviction of selling cocaine, with his admission he had a prior felony conviction for which he served a separate prison term. (Health & Saf. Code, § 11352, subd. (a); Pen. Code, § 667.5, subd. (b).) He contends: "I. The prosecutor's remarks to the jury constituted misconduct which requires reversal of appellant's judgment of conviction. II. The trial court committed reversible error in failing to properly advise appellant of his constitutional rights before he waived those rights and admitted the prior conviction."

Viewed in accordance with the usual rules on appeal ( People v. Barnes (1986) 42 Cal.3d 284, 303 [ 228 Cal. Rptr. 228 , 721 P.2d 110 ]), the evidence established that, about 5:50 p.m. on August 26, 1992, Inglewood Police Officer Steven Gentry and Agent Arnold Allen of the Alcohol, Tobacco and Firearms Agency were working a "buy" program with a narcotics task force. They drove to 112th Street and Prairie Avenue in Inglewood where appellant was standing at the curb with three or four other males. Appellant caught Gentry's eye and waved Gentry to his…