Does a defendant have a right to a jury trial on a prior conviction allegation?
California, United States of America
The following excerpt is from People v. Keyes, B270951 (Cal. App. 2017):
5. Neither the federal nor California Constitutions require a jury trial on a prior conviction allegation. At most, due process necessitates notice and an opportunity to litigate the matter. But a California defendant nonetheless has a right to a jury trial as specified in section 1025. (People v. Mosby (2004) 33 Cal.4th 353, 360 (Mosby); People v. Cross (2015) 61 Cal.4th 164, 172-173.)
"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
Does Defendant waive his right to a jury trial on prior conviction allegations? (California, United States of America)
Does Defendant have a right to a jury trial on a prior conviction allegation? (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)
What is the effect of a defendant's request to have a trial on allegations of a prior conviction reduced to a bifurcated trial? (California, United States of America)
Does a defendant have a right to stand trial on an alleged prior conviction? (California, United States of America)
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)
What are the consequences of a defendant waiving his right to a jury trial on alleged prior convictions? (California, United States of America)
Does a defendant have a right to a jury trial when they allege a prior conviction sentencing enhancement? (California, United States of America)
Does a defendant have a right to a jury trial when they allege a prior conviction sentencing enhancement? (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)
