Can a defendant waive a jury trial on the basis of a prior conviction?

The record here meets this standard. Defendant was present during a pretrial hearing on the morning of Friday, October 19, 2018, in which counsel agreed the trial of the prior conviction would be bifurcated and the parties would stipulate the jury would be told he was a felon, and he said he understood what was happening. Trial began later that day and four days later the jury reached its verdict, followed immediately by the colloquy quoted above. Thus, at the time defense counsel stated that he waived a jury trial on the "bifurcated issue," defendant had only recently heard a discussion of the nature of that issuethat is, the prior conviction allegation. After dismissing the jury, the court told defendant that he had a right to a trial before the court on the prior conviction and that the prosecutor had to prove the conviction beyond a reasonable doubt. Defendant had just sat through a trial at which his attorney cross-examined the sole witness and he had exercised his right not to testify after being informed by the court of his right both to testify and to remain silent. This record indicates defendant understood the trial rights he was giving up. (See People v. Mosby (2004) 33 Cal.4th 353, 365 [defendant had just participated in jury trial where he had confronted witness and remained silent, as well as having pleaded guilty in the past].) And although defendant was not informed on the record of the penal consequences of his admission, his counsel affirmed that the admission was made with his advice and consent.² Further, defendant's own words indicate his " ' "knowledge and sophistication regarding his [legal] rights" ' " (id. at p. 365) and the consequences of his admission: Before making the

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