Can a defendant stipulate to the prior in order to preclude the jury from learning of the prior?

California, United States of America


The following excerpt is from People v. Bennett, 188 Cal.App.3d 911, 233 Cal.Rptr. 729 (Cal. App. 1987):

At his trial for burglary and petty theft with a prior grand theft conviction, appellant offered to stipulate to the prior in order to preclude the jury from learning of it. The prosecutor objected to the stipulation, arguing that People v. Hall (1980) 28 Cal.3d 143, 167 Cal.Rptr. 844, 616 P.2d 826, which approved such procedure (at pp. 155-156, 167 Cal.Rptr. 844, 616 P.2d 826), did not survive Proposition 8. The trial court agreed with the prosecutor and ruled that the People could make reference to appellant's prior felony grand theft conviction before the jury to prove the section 666 violation.

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