In re Griffin

Good Law
114 Cal. Rptr. 74·1974 Cal. App. LEXIS 967·39 Cal. App. 3d 279
Court of Appeal of CaliforniaApril 24, 1974Crim. No. 7273California1,529 words

Opinion

Lead Opinion

Friedman, J.

*281 Opinion

Disposition of this habeas corpus proceeding is controlled by In re Yurko, 10 Cal.3d 857 [ 112 Cal.Rptr. 513 , 519 P.2d 561 ]. (See also, In re Foss, 10 Cal.3d 910, 930 [ 112 Cal.Rptr. 649 , 519 P.2d 1073 ]; In re Stewart, 10 Cal.3d 902 [ 112 Cal.Rptr. 520 , 519 P.2d 568 ].) That decision holds that in arraignments taking place after the date of the decision’s filing (March 7, 1974) a defendant’s admission of a prior felony conviction is invalid unless the arraigning court informs him of the constitutional rights waived by his admission and of the effect of his admission upon his sentence and parole eligibility. In re Yurko is prospective only (10 Cal.3d at pp. 865-866) and has no application to charges of prior convictions where the defendant’s admission occurred before March 7, 1974.

In this habeas corpus proceeding, defendant attacks the extension of his minimum term caused by his conviction of heroin possession in Sacramento County with eight prior convictions suffered in Fresno County. The Sacramento County judgment was entered August 6, 1971. The Fresno priors were alleged to have occurred on December 27, 1961.

In the Sacramento County proceeding, a jury was…

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