People v. Moore

Opinion

EPSTEIN, J.

In this case, we hold that admonitions and waivers are insufficient to support appellant’s admission of one of the two prior convictions charged as enhancements, but that they are sufficient for the other. We also conclude that the former jeopardy principle does not bar retrial of the prior conviction that must be set aside. Finally, we agree with appellant’s contention that he was not credited for presentence custody time to which he is entitled.

The appellant, David Moore, was charged with a narcotics offense. Two prior convictions also were alleged against him. Trial of…