Is a defendant entitled to a jury trial on the allegation that he has suffered a prior conviction?
MultiRegion, United States of America
The following excerpt is from Baltazar v. Santoro, No. 1:13-cv-01538-SKO HC (E.D. Cal. 2017):
In California, a criminal defendant is entitled to have a jury determine "whether or not the defendant has suffered [a] prior conviction." Cal. Penal Code 1025(b). "The question of whether the defendant is the person who has suffered the prior conviction shall be tried by the court without a jury." Id. at 1025(c). Therefore the right to a jury trial on prior conviction allegations is "very limited." People v. Epps, 25 Cal 4th 19, 21, 23 (2001).
Page 10
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
Can a sentencing court enhance the sentence of a defendant convicted of a drug offence under section 841(a) on the basis of a prior felony drug conviction? (MultiRegion, United States of America)
What is the burden of proof when a defendant neither affirms nor denies an alleged prior conviction? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Is a defendant convicted for violating Section 2252A of the Criminal Code subject to an enhanced sentence if he has a prior sexual abuse conviction? (MultiRegion, United States of America)
Is a defendant entitled to a trial by jury, even if he is a convicted rapist? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
What is the test for severing a trial of a defendant who contends that a co-defendant would offer exculpatory testimony at a separate trial? (MultiRegion, United States of America)
Under what circumstances will a defendant not yet convicted, under the Fourteenth Amendment's Due Process Clause, not to be punished prior to conviction? (MultiRegion, United States of America)
In what circumstances will a defendant be convicted of a charge of vehicular manslaughter after a trial where the prosecution submitted expert testimony that did not attend the trial? (MultiRegion, United States of America)
