Can a defendant waive his right to a jury trial on the factual issues raised by a denial of prior conviction?
California, United States of America
The following excerpt is from People v. Pedroza, B286431 (Cal. App. 2020):
A defendant has a statutory right to a jury trial on the factual issues raised by a denial of a prior conviction allegation. (People v. Vera (1997) 15 Cal.4th 269, 274.) The defendant may waive the right to a jury trial and have the court determine the truth of the allegation, or admit the prior conviction ( 1158), but
Page 15
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a criminal defendant waive his right to a jury trial on a prior conviction that has been alleged as a sentence enhancement? (California, United States of America)
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
What are the consequences of a defendant waiving his right to a jury trial on alleged prior convictions? (California, United States of America)
Does Defendant waive his right to a jury trial on prior conviction allegations? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does a defendant have a right to a bifurcated trial on the issue of prior convictions? (California, United States of America)
Does a defendant have a right to a jury trial of the issue of authenticity, accuracy, or sufficiency of prior conviction records? (California, United States of America)
Does the fact that a defendant agreed to waive his right to a jury trial on two prior convictions in a different case create a jurisdictional problem? (California, United States of America)
Does the identity of a defendant's prior criminal convictions preclude the use of those prior convictions as evidence at trial of the same criminal charges? (California, United States of America)
Does a defendant have to waive his right to a jury trial on a charge that includes five prior convictions? (California, United States of America)
