P. v. Bates
In this timely appeal following his conviction of two felony weapons violations, defendant and appellant Robert Willie Bates raises the following issues: (1) the trial court twice informed the jury of defendants prior robbery conviction, despite defendants stipulation to the existence of the conviction; (2) defendant was not advised of his constitutional rights in connection with his admission of the prior conviction, nor did he waive his rights; (3) because of the defective admission of the prior conviction, the sentence must be vacated; (4) the failure to ask the court to strike defendants prior conviction for sentencing purposes was ineffective assistance of counsel; and (5) the court failed to stay the sentence in count 2 pursuant to Penal Code section 654. Court agree that defendants admission of his prior conviction for sentencing purposes must be reversed and the sentence in count 2 must be stayed pursuant to section 654; in all other respects, there is no reversible error and the judgment is affirmed.
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