Does a defendant need to plead and prove that he was on probation or on parole at the time of the assault crime and its enhancement?

904.)⁴ However, the People complied with this requirement because the relevant conviction in this case was the current assault crime and its enhancementboth of which were pled in the information and proven to a jury beyond a reasonable doubt. The People need not plead and prove the second factthat is, a defendant's status as a probationer at the time of the instance offense. (People v. Towne (2008) 44 Cal.4th 63, 79 ["the federal constitutional right to a jury trial and proof beyond a reasonable doubt on aggravating circumstances does not extend to the circumstance that a defendant was on probation or parole at the time of the offense"].) Because the People have pled and proven the first fact rendering defendant ineligible for probation and were excused from pleading and proving the second, the People complied with their pleading and proof obligation with respect to the facts that rendered defendant ineligible for probation. Although the People did not plead and prove the legal conclusion that these two facts rendered defendant ineligible for probation under section 1203, subdivision (k), this is of no consequence because pleading and proof requirements apply to "facts," not the legal effect of those facts. (See Lara, at p. 901 [noting that the People are required to plead and prove "the disabling facts" that render a defendant ineligible for sentencing credits, but not "the effect that [those facts] would have on [custody] credits"].)