Wallace

Defendant appeals from a judgment which determined that he had suffered a prior felony conviction. The court sentenced him to state prison for the term prescribed by law and ordered him delivered into the custody of the Director-of Corrections.

The judgment appealed from followed a prior appeal of defendant’s conviction, upon a plea of guilty, to violation of Penal Code section 12021, possession of a concealable firearm by one previously convicted of a felony, and admission of a charged prior felony conviction. Upon that appeal, this court affirmed defendant’s conviction for violation of Penal *28 Code section 12021, but held that defendant had not been apprised of his constitutional rights prior to admitting his prior felony conviction (In re Yurko (1974) 10 Cal.3d 857, 863 [ 112 Cal.Rptr. 513 , 519 P.2d 516 ]). We remanded the case to the trial court with directions to resentence defendant after a limited new trial on the question of his prior conviction. Defendant was imprisoned during the pendency of the first appeal, and was paroled on the Penal Code section 12021 conviction on May 16, 1978.

The limited new trial, commenced June 12, 1978, and on August 4, 1978, the…