because a defendant's admission of prior convictions is the "functional equivalent" of a guilty plea to a separate charge, the court must advise him, in a Boykin-type colloquy, of the rights he waives by admitting prior convictions
How later courts described this case
- because a defendant's admission of prior convictions is the "functional equivalent" of a guilty plea to a separate charge, the court must advise him, in a Boykin-type colloquy, of the rights he waives by admitting prior convictions
- “[T]he mandatory minimum sentences prescribed in section 902.12 apply to habitual offenders.”
- noting an offender must be informed “of the precise increase in the term or terms which might be imposed”
Written by the judges who cited it.
Distinguished
Distinguished by People v. Newman, 87 Cal. Rptr. 2d 474 (1999)
Our opinion in Adams disagreed with the Court of Appeal, concluding that "because defendant's stipulation was a stipulation to evidentiary facts, not an admission that the enhancement allegation itself was true or an admission of every element necessary to imposition of punishment on the section 12022.1 charge, the Boykin-Tahl and Yurko requirements are inapplicable." (6 Cal.4th at p. 573, 24 Cal.Rptr.2d 831, 862 P.2…
Distinguished by People v. Adams, 6 Cal. 4th 570 (1993)
We conclude that because defendant’s stipulation was a stipulation to evidentiary facts, not an admission that the enhancement allegation itself was true or an admission of every element necessary to imposition of punishment on the section 12022.1 charge, the Boykin-Tahl and Yurko requirements are inapplicable.
The opinion
MOSK, J.
I concur in the opinion but would grant relief to this petitioner for the reasons discussed in my concurring and dissenting opinion in Westbrook v. Mihaly (1970) 2 Cal.3d 765, 802 [ 87 Cal.Rptr. 839 , 471 P.2d 487 ], vacated on other grounds (1971) 403 U.S. 915 [ 29 L.Ed.2d 692 , 91 S.Ct. 2224 ].
Petitions for a rehearing were denied April 17, 1974. Mosk, J., was of the opinion that the petitions should be granted. The opinion was modified on April 17 and 24, 1974, to read as printed above.