Does the federal and state constitutions confer a right to have a jury determine any factual issues relating to prior convictions?
California, United States of America
The following excerpt is from People v. Jackson, 71 Cal.App.4th 108, 83 Cal.Rptr.2d 624 (Cal. App. 1999):
Neither the federal nor the state constitutions confer a right to have a jury determine any "factual issues relating to prior convictions alleged for purposes of sentence enhancement." (See People v. Wiley, supra, 9 Cal.4th 580, 589, 38 Cal.Rptr.2d 347, 889 P.2d 541 [sentence enhancement imposed under section 667, subdivision (a) ].)
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