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Name: People v. Mosby
Case #: C033593
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/31/2002
Subsequent History: Rev. granted 5/1/02. Depublished.

A defendant has made a voluntary and intelligent admission of a prior conviction, when he has expressly waived his right to both a jury and court trial on the prior upon advice of counsel, and he or she has just completed a jury trial at which he confronted witnesses and exercised his right to remain silent, even though he was not expressly advised as to those latter two rights regarding the prior.