Is a defendant permitted to plead guilty to a charge under section 666.5 of the California Criminal Code to exclude a prior conviction?

California, United States of America


The following excerpt is from People v. Alonzo, B256919 (Cal. App. 2016):

At a pretrial hearing, defendant sought to exclude the prior convictions. The prosecution announced its intention to use the 2005 conviction to support the section 666.5 charge, and the 2006 and 2008 convictions to prove a common plan or scheme and identity. (Evid. Code, 1101, subd. (b).) It was agreed that in return for defendant's admission of the 2005 conviction, that prior offense would be excluded from trial. (See People v. Young (1991) 234 Cal.App.3d 111, 113 (Young) [when defendant charged under section 666.5 admits prior conviction before trial, "the jury is not to be informed of the charge or admission"].)

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