Does the fact that a defendant agreed to waive his right to a jury trial on two prior convictions in a different case create a jurisdictional problem?

California, United States of America


The following excerpt is from People v. Murphy, C078961 (Cal. App. 2018):

does create a jurisdictional problem. (See People v. Tindall (2000) 24 Cal.4th 767, 769-770; People v. Gutierrez (2001) 93 Cal.App.4th 15, 19-24.) In this case no priors were added; the same priors were at issue, they were just misdated. That should not have happened, but it is not a jurisdictional error. Defendant agreed to waive his right to a jury trial on two robbery prior convictions in a particular Sacramento County case (by number), and thereafter he received a court trial on the robbery convictions in that very case. It was an innocuous mistake that was properly fixed, not a jurisdictional error.

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