California, United States of America
The following excerpt is from People v. L.C., B286404 (Cal. App. 2019):
Defendant correctly notes that on remand the trial court did not take an express waiver of his right to a jury trial on the prior convictions, and relied on a waiver given in proceedings before remand. But, given that his constitutional right to a jury trial was not implicated, the only right to a jury trial that applied was the statutory right. Assuming (without deciding) that the trial court's failure to take another waiver of the statutory right to a jury trial was erroneous, we find the issue forfeited by defendant's failure to object. Where a defendant fails to object to the discharge of a jury before his prior convictions have been tried, he forfeits on appeal the issue whether his statutory right to a jury trial was violated. (People v. Vera (1997) 15 Cal.4th 269, 278.) We see no reason why such a rule does not also apply here, where after remand defendant failed to object to the trial court deciding the prior conviction allegations without a jury.
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