In re Griffin

[281]Opinion

FRIEDMAN, J. 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 impaneled, then temporarily excused.1 Petitioner was before the court with counsel. He denied the prior Fresno County convictions and objected to evidence of the Fresno County judgment on two grounds: first, that all eight convictions were included in a single criminal judgment and in law constituted but one prior conviction; second, that the judgment was invalid in that petitioner’s court-appointed Fresno attorney had provided inadequate representation.2 The court then heard evidence, consisting of defendant’s testimony on direct and on cross-examination. It appeared that the Fresno judgment was based on a series of separate narcotics transactions committed over a period of months. The court found that defendant had failed to show inadequate representation and declared that it would admit the evidence of the prior convictions if offered. At that point defendant’s attorney stated that the defense chose to admit the [282]Fresno County prior convictions. Defendant then admitted each of eight convictions. The court did not administer the admonition described in Boykin v. Alabama, 395 U.S. 238 [23 L.Ed.2d 274, 89 S.Ct. 1709], and In re Tahl, 1 Cal.3d 122 [81 Cal.Rptr. 577, 460 P.2d 449].