Can a defendant waive his right to a jury trial?

When defendant was subsequently cross-examined, the prosecutor asked him whether he had been previously convicted of a theft-related felony offense in 1983, he confirmed he had been. Thus, the record shows defendant was disputing whether his prior conviction qualified as a serious felony, and that he waived his right to a jury trial on the issue of whether his prior conviction involved a residential burglary. (Shepard v. United States (2005) 544 U.S. 13, 26, fn. 5 [a defendant "can waive the right to have a jury decide questions about his prior convictions"].) Defendant does not assert his waiver was unknowing or unintelligent, nor does it appear his waiver was defective based on our review of the record. We also observe defendant was not deprived of notice, since the information in the current case alleged a section 667, subdivision (a), five-year sentence enhancement predicated on the serious felony status of the prior conviction. Thus, we conclude defendant expressly waived his right to a jury trial and he may not be heard to complain that his right to a jury trial was violated.