California, United States of America
The following excerpt is from People v. Ward, 13 Cal.App.4th 630, 16 Cal.Rptr.2d 864 (Cal. App. 1993):
The right to a jury trial includes the right to have a jury decide whether defendant has suffered a previous conviction charged in a criminal information. (People v. Ford (1964) 60 Cal.2d 772, 794, 36 Cal.Rptr. 620, 388 P.2d 892.) As with a charged offense, waiver of a jury trial on the issue of a prior conviction will not be implied. In addition, under Penal Code section 1025 the question whether defendant has suffered the previous conviction must be tried by the same jury which hears the substantive offense. 7
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