Mosby

Certified for Partial Publication. [*]

After a jury found defendant Clyde Mosby guilty of selling cocaine (Health & Saf.Code, § 11352, subd. (a)), defendant admitted that he had suffered a prior conviction for possession of a controlled substance within the meaning of Health and Safety Code section 11370, subdivisions (a) and (c).

On appeal, he contends that the trial court (1) failed to properly admonish him and obtain the requisite waivers, as required by In re Tahl (1969) 1 Cal.3d 122 , 81 Cal.Rptr. 577 , 460 P.2d 449 ( Tahl ), before he admitted his prior conviction, and (2) erred in instructing the jury pursuant to CALJIC No. 17.41.1. Since defendant was not prejudiced in either case, we shall affirm.

In the published portion of this opinion, we address whether a defendant's admission of a prior conviction is voluntary and intelligent—the test for harmless error here—when the record reflects that the defendant has expressly waived his right to both a jury and court trial in connection with his admission of his prior conviction, but has neither been expressly advised of, nor waived, his rights to remain silent or to confront witnesses in accordance with Tahl,…