People v. Vargas CA4/1

DISCUSSION

Vargas appeals, contending that his admission was invalid and should be reversed

because the record is unclear whether he waived his rights or whether he also admitted

the prior conviction. We disagree.

"[B]efore 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] Proper

2 advisement and waivers of these rights in the record establish a defendant's voluntary and

intelligent admission of the prior conviction. [Citations.]" (People v. Mosby (2004) 33

Cal.4th 353, 356.)

Here, the trial court failed to inform Vargas of his constitutional rights when it

initially accepted the admission. The court, however, recognized the error and corrected

it at the sentencing hearing. The court properly informed Vargas of his constitutional

rights and confirmed that Vargas understood those rights. The court then asked a

combined question, whether Vargas "g[a]ve up those rights" and "admit[ted] that…