People v. Ernst

Opinion

GEORGE, J.

—In People v. Howard (1992) 1 Cal.4th 1132 [5 Cal.Rptr. 268, 824 P.2d 1315] (Howard), we held that the defendant validly admitted having served an alleged prior prison term, despite the trial court’s failure to advise him expressly of the privilege against self-incrimination, because, “considering the totality of the relevant circumstances, . . . defendant’s admission of the prior conviction was voluntary and intelligent. . . .” (Id. at p. 1180.) In the present case, the People contend that the totality-of-the-circumstances test applied in Howard also should apply when a…