Can a defendant waive his right to a jury trial on the truth of a prior prison term allegation?

California, United States of America


The following excerpt is from People v. Martinez-Flores, A152675 (Cal. App. 2019):

Moreover, the courts have long upheld the voluntary waiver of a defendant's "right to a jury trial on the truth of the prior prison term allegation . . . [without objection] when documentary evidence is introduced." (People v. Marella (1990) 225 Cal.App.3d 381, 384.) "Appellant merely waived his right to a jury trial on the prior prison term allegation. At the court trial, the People were still required to present evidence to prove the prior. Appellant retained the right to challenge the validity of the People's evidence, to question any witnesses, to subpoena and call witnesses in his defense or to take the witness stand in his own behalf. Under the circumstances, appellant did not 'incriminate himself by an "involuntary confession of guilt" ' or 'surrender the right to confront and cross-examine the witnesses against him' by agreeing to a court rather than a jury trial." (Id. at p. 387, fn. omitted.) There was no violation of defendant's constitutional rights here.

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