Does a defendant have a right to a jury trial if he fails to object to the discharge of his prior convictions?

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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