Does a defendant have to waive his right to a jury trial on a charge that includes five prior convictions?

5 In People v. Luick, supra, 24 Cal.App.3d 555, 101 Cal.Rptr. 252, after defendant waived his right to a jury trial on the original charge of burglary, the information was amended to add five prior conviction allegations. Defendant denied the allegations but did not expressly waive the right to a jury trial on those allegations. The court held "... that, where allegations of priors are added after a jury waiver, defendant must, personally and expressly, waive jury trial on the issue thus presented, ..." (Id. at p. 559, 101 Cal.Rptr. 252.) Similarly, in People v. Laury, supra, 209 Cal.App.3d 713, 257 Cal.Rptr. 480, defendant was charged with selling cocaine and having suffered two prior convictions. The jury found defendant guilty of the current charge but was dismissed before determining the truth of the prior conviction allegations, which the trial court, in turn, considered for purposes of sentencing. The court held that it was error to consider the prior convictions in the absence of defendant's express waiver of his right to a jury trial on the prior conviction allegations. (Id. at 716, 257 Cal.Rptr. 480.)