Does a defendant have a right to a jury trial to determine whether his prior conviction qualifies as a strike?
California, United States of America
The following excerpt is from People v. Williams, C069659 (Cal. App. 2017):
Arguing that the prior conviction exception to the right to a jury trial in Apprendi v. New Jersey (2000) 530 U.S. 466, 490 [147 L.Ed.2d 435, 455], does not apply where an enhanced sentence depends on how a prior conviction was committed, defendant contends he had a Sixth Amendment right to a jury determination as to whether his prior conviction qualified as a strike.
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