Does the fact of a prior conviction preclude a defendant from standing trial?

The exception to the constitutional right to jury trial for "the fact of a prior conviction" extends naturally to the fact that a defendant has served a prior prison term as well as to the fact that a defendant committed an offense while on probation or parole. (People v. Towne (2008) 44 Cal.4th 63, 80-82.) In contrast, the fact of unsatisfactory performance on probation or parole comes within this exception only if it is based on a criminal conviction (as opposed to misconduct not adjudicated in a criminal trial). (Id. at p. 82.)

The trial judge imposed the upper term on the firearm enhancement, finding as follows:

Finding No. 1: Defendant had three prior felony convictions, one of which was an assault;

Page 13

Finding No. 2: Defendant had violated diversion, probation, and parole on multiple occasions; and

Finding No. 3: Defendant was on parole at the time of the voluntary manslaughter.