Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction?
MultiRegion, United States of America
The following excerpt is from Kessler v. Johnson, No. 1:10-cv-00322-LJO-BAM HC (E.D. Cal. 2016):
Neither the United States nor the California Constitutions extend a criminal defendant's right to a jury trial to the factual determination of whether that defendant has suffered a prior conviction. See Apprendi v. New Jersey, 530 U.S. 466, 490 (2000) ("Other than the fact of a prior
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