In what circumstances will a defendant have to plead guilty to a charge of assault under section 1025 of the Penal Code?
California, United States of America
The following excerpt is from People v. Wojahn, 150 Cal.App.3d 1024, 198 Cal.Rptr. 277 (Cal. App. 1984):
Finally, in this context, in People v. Bracamonte, supra, 119 Cal.App.3d 644, 174 Cal.Rptr. 191, wherein the bifurcated procedure employed here was mandated, the court pointed out that the bifurcated procedure was not inconsistent with Penal Code section 1025 in that the section does not require the issues of guilt and the alleged prior conviction to be tried simultaneously.
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