Can a defendant who pleads not guilty and denies an accompanying prior conviction avoid presenting the allegation to the jury?

California, United States of America


The following excerpt is from People v. Corbin, B277948 (Cal. App. 2018):

Sections 1025 and 1093 regulate the conduct of trial. Under subdivision (b) of section 1025, when a defendant pleads not guilty and denies an accompanying prior conviction allegation, the jury -- or the court, if a jury is waived -- must determine guilt and the existence of the prior conviction. However, in limited circumstances, the statutes permit a defendant who pleads not guilty and demands a jury trial to avoid presentation of the prior conviction allegation to the jury. Under section 1025, subdivision (e), and section 1093, if the alleged prior conviction is not an element of the charged offense and the defendant admits the prior conviction before trial, the prior conviction allegation may not be disclosed when the information is read to the jury, and "the matter may not be alluded to in the trial," unless permitted for other reasons.2 (People v. Bouzas

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