Does a defendant have a right to a jury trial when they allege a prior conviction sentencing enhancement?

California, United States of America


The following excerpt is from People v. Jackson, B293680 (Cal. App. 2020):

When the People allege a prior conviction sentencing enhancement, the defendant has a statutory right to a jury trial on the factual issues raised by a denial of the allegation of prior convictions. (People v. Vera (1997) 15 Cal.4th 269, 274; In re Yurko (1974) 10 Cal.3d 857, 863.) The defendant may waive the right to a jury trial and have the court determine the truth of the allegation. ( 1158.)

The trial court may only accept a defendant's waiver of the right to a jury trial if it is knowing, intelligent, and voluntary. (People v. Collins (2001) 26 Cal.4th 297, 305.) A waiver is knowing and intelligent if made with a full awareness of the nature of the right being abandoned and the consequences of the decision to abandon it. A waiver is voluntary if the product of a free and deliberate choice rather than intimidation, coercion, or deception. (Ibid.)

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