Does a defendant have a right to a jury trial when they allege a prior conviction sentencing enhancement?
California, United States of America
The following excerpt is from People v. Crook, B265205 (Cal. App. 2016):
When the People allege a prior conviction sentencing enhancement, the defendant has a statutory right to a jury trial on the factual issues raised by a denial of the allegation of prior convictions. (People v. Vera (1997) 15 Cal.4th 269, 274; In re Yurko (1974) 10 Cal.3d 857, 863.) The defendant may waive the right to a jury trial and have the court determine the truth of the allegation. ( 1158.)
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