Does a defendant have a right to stand trial on an alleged prior conviction?
California, United States of America
The following excerpt is from People v. Pereyra, E063076 (Cal. App. 2016):
7. In cases where the court does not advise the defendant of the right to have a trial on an alleged prior conviction, "we cannot infer that in admitting the prior the defendant has knowingly and intelligently waived that right as well as the associated rights to silence and confrontation of witnesses." (People v. Mosby (2004) 33 Cal.4th 353, 362.)
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