Not Denying is Adoptive Admission?

[santacruznabs]

What is the name of your state? California

The judge was increasing the sentence by looking at priors on a DMV printout.

CA Vehicle Code 42004 says that the DMV report is "...evidence of such convictions, if the defendant admits them..."

The Defendant remained silent as the judge was hurried in settling case/fines/suspension and moving on to the waiting line of other cases. In actuality there was never any moment for the defendant to speak out, for or against this information as the judge rushed through.

Since the defendant never denied priors was he admitting them by "Adoptive Admission" ? How does this affect defendant's 5th amendment right to not self-incriminate/remain silent?

Is there case law that clearly indicates that not-speaking-out is not adoptive admission?

[stephenk]

what did your attorney tell you after you were convicted?