Is a defendant entitled to a fair trial for a prior conviction for assault?
California, United States of America
The following excerpt is from People v. Duran, B254205 (Cal. App. 2015):
Relying on People v. Young (1991) 234 Cal.App.3d 111, 113 (Young), defendant claims he was denied his right to due process and to a fair trial when the trial court ruled that his prior convictions were an "element" of Penal Code section 666.5 that had to be tried to the jury. He also contends that the People improperly cross-examined him regarding the underlying facts of a prior conviction.
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