Does a defendant have a right to stipulate to the prior conviction and incarceration of a defendant under section 666 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Carroll, C070466 (Cal. App. 2014):

"[O]n its face, section 666 is a sentence-enhancing statute, not a substantive 'offense' statute." (People v. Bouzas (1991) 53 Cal.3d 467, 479.) Thus, "the prior conviction and incarceration requirement of section 666 is a sentencing factor for the trial court and not an 'element' of the section 666 'offense' that must be determined by a jury." (Id. at p. 480.) A defendant has "a right to stipulate to the prior conviction and incarceration and thereby preclude the jury from learning of the fact of his prior conviction." (Ibid.) That is what defendant did here.

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