Does a defendant have to give a Miranda warning at the time he was arrested?

Second, when there is no evidence that an arrested defendant had received the Miranda warnings at the time of his silence, due process is not violated when he is questioned about this silence after taking the stand. (Fletcher v. Weir (1982) 455 U.S. 603, 607, 102 S.Ct. 1309, 1312, 71 L.Ed.2d 490, 494.) We will not speculate when or if defendant was given Miranda and whether these warnings had been given

Page 115

Defendant also contends the trial court erred in denying his motion to stipulate to his prior felony conviction. He cites as authority People v. Hall (1980) 28 Cal.3d 143, 167 Cal.Rptr. 844, 616 P.2d 826.

Defendant committed his offense on October 28, 1982, four months after passage of the initiative measure known as Proposition 8. Thus, the provision of Proposition 8 applies to this case. (People v. Smith (1983) 34 Cal.3d 251, 257-258, 193 Cal.Rptr. 692, 667 P.2d 149.) One of the results of the passage of that measure was the enactment of the current section 28 of article I of the California Constitution. The portion of that section applicable to the case before us reads: