In what circumstances will a jury be able to determine whether a defendant has been convicted of a criminal offence under section 969b of the Criminal Code?

In this case, the instruction given by the trial court correctly stated the law. The instruction properly informed the jury that the section 969b records were sufficient, by themselves, to prove that defendant had been previously convicted of a felony. (See People v. Keating, supra, 118 Cal. App.3d at p. 183, 173 Cal.Rptr. 286.) The instruction also expressly required the jury to be "satisfied with the records" before relying on them. Contrary to defendant's assertions, nothing in the instruction required the jury to find that defendant had a prior felony conviction. At most, the instruction permitted the jury to infer that defendant had a prior felony conviction if it was satisfied with the contents of the section 969b records. As such, it did not relieve the prosecution of its burden of persuasion (see People v. Mendoza,

[133 Cal.Rptr.2d 44]

supra, 24 Cal.4th at p. 180, 99 Cal. Rptr.2d 485, 6 P.3d 150), and we find no error.

[133 Cal.Rptr.2d 44]