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PEOPLE v. MOORE

Docket No. B052621.

8 Cal.App.4th 411 (1992)

10 Cal. Rptr.2d 286

THE PEOPLE, Plaintiff and Respondent, v. DAVID MOORE, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

July 27, 1992.

Attorney(s) appearing for the Case

COUNSEL

Elinor Dejez Burton, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Acting Assistant Attorney General, Susan D. Martynec, Assistant Deputy Attorney General, and Kristofer Jorstad, Deputy Attorney General, for Plaintiff and Respondent.

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...

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