Mosby

Thirty years ago this court held that before accepting a criminal defendant's admission of a prior conviction, the trial court must advise the defendant and obtain waivers of (1) the right to a trial to determine the fact of the prior conviction, (2) the right to remain silent, and (3) the right to confront adverse witnesses. ( In re Yurko (1974) 10 Cal.3d 857, 863 , 112 Cal.Rptr. 513 , 519 P.2d 561 .) Proper advisement and waivers of these rights in the record establish a defendant's voluntary and intelligent admission of the prior conviction. ( People v. Howard (1992) 1 Cal.4th 1132, 1178-1179 , 5 Cal.Rptr.2d 268 , 824 P.2d 1315 ( Howard ); North Carolina v. Alford (1970) 400 U.S. 25, 31 , 91 S.Ct. 160 , 27 L.Ed.2d 162 .)

When, immediately after a jury verdict of guilty, a defendant admits a prior conviction after being advised of and waiving only the right to trial, can that admission be voluntary and intelligent even though the defendant was not told of, and thus did not expressly waive, the concomitant rights to remain silent and to confront adverse witnesses? The answer is "yes," if the totality of circumstances surrounding the admission supports such a…