What is the burden of proving that a prior conviction was for a serious felony?

The People's first argument misses the point. It is the People who bear the burden of proving that an alleged prior conviction was for a serious felony. "The prosecution has the burden of proving beyond a reasonable doubt each element of a prior conviction used to enhance a defendant's sentence." (People v. Rodriguez (2004) 122 Cal.App.4th 121, 128.) The fact that no one else was charged in the information does not eliminate the possibility that defendant's guilt of violating section 246.3 was based upon his being an aider and abettor to the shooter. The People did not supply either a transcript of defendant's plea or a factual basis for it. Accordingly, we reject this argument.

The People's second argument fares no better. The first paragraph of the information contained in exhibit No. 17 alleges defendant's violation of section 246.3. That section 246.3 is a serious felony is alleged in a separate paragraph. A " '[d]efendant's guilty plea constitute[s] "a judicial admission of every element of the offense charged" [citation], but only that; it [does] not admit other allegations in the pleadings.' " (People v. Trujillo (2006) 40 Cal.4th 165, 176.) Being a serious felony is

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