People v. Balderrama

Opinion

KREMER, P. J. Rogelio Balderrama was convicted by a jury of burglarizing a residence (Pen. Code,2 § 459). He admitted he had a prior serious felony conviction (§§ 667, subd. (a), 1192.7, subd. (c)(l)(18)). On appeal, Balderrama contends the court failed to adequately advise him of his constitutional privilege against self-incrimination and his right of confrontation [284]before accepting his admission of the prior serious felony conviction. He also contends the court relied on improper factors to justify imposing a consecutive sentence. We agree the trial court failed to give Balderrama a sufficient advisement of his constitutional rights before accepting his admission and therefore reverse and remand on that issue. Otherwise, we affirm.

Discussion

I

Sufficiency of Advisements

When a trial court accepts a guilty plea, “the record must contain on its face direct evidence that the accused was aware, or made aware, of his right to confrontation, to a jury trial, and against self-incrimination, . . .” (In re Tahl (1969) 1 Cal.3d 122, 132 [81 Cal.Rptr. 577, 460 P.2d 449], cert, den. 398 U.S. 911 [26 L.Ed.2d 72, 90 S.Ct. 1708], italics in original.) These admonitions are constitutionally compelled. (In re Ronald E. (1977) 19 Cal.3d 315, 320 [137 Cal.Rptr. 781, 562 P.2d 684].) The admonitions must be “express and specific.” (In re Yurko (1974) 10 Cal.3d 857, 863 [112 Cal.Rptr. 513, 519 P.2d 561].) When an accused has not been properly advised of his constitutional rights before admitting a prior conviction, the proper remedy is to remand the matter to the trial court for a limited hearing on the truth of the prior. (People v. Smith (1986) 187 Cal.App.3d 666, 684 [231 Cal.Rptr. 897].)

Here, Balderrama admitted the prior conviction before the trial of his burglary offense. The court advised Balderrama as follows: “The Court: We have arrived in this courtroom to have the jury determine whether or not the charge of residential burglary is true or not, and in that regard you are allowed to have the jury determine the truth or falsity of this prior that you say you wish to admit; and if they do, they will have to find it to have been proved beyond a reasonable doubt, which is a requirement in this country.

“Do you understand that?