Does a defendant have a right to a jury trial on prior convictions?

California, United States of America


The following excerpt is from People v. Culver, B276555 (Cal. App. 2018):

A defendant's right to a jury trial on prior convictions arises from statute. (People v. Epps (2001) 25 Cal.4th 19, 23 (Epps).) As relevant here, section 1025, subdivision (b), reads: "the question of whether or not the defendant has suffered the

Page 4

Other Questions


Does the identity of a defendant's prior criminal convictions preclude the use of those prior convictions as evidence at trial of the same criminal charges? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (California, United States of America)
Does the fact that a defendant agreed to waive his right to a jury trial on two prior convictions in a different case create a jurisdictional problem? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Does a defendant have a right to stand trial on an alleged prior conviction? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
When a defendant has been convicted of a prior criminal offence, what are the factors that determine whether the prior conviction should be admitted to the jury? (California, United States of America)
Does a defendant have a right to a bifurcated trial on the issue of prior convictions? (California, United States of America)
Does a defendant have a right to a jury trial of the issue of authenticity, accuracy, or sufficiency of prior conviction records? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.