California, United States of America
The following excerpt is from People v. Miller, B282284 (Cal. App. 2019):
Forfeiture flows from the fact that there is no constitutional right to a jury trial on a prior conviction allegation. (People v. Cross (2015) 61 Cal.4th 164, 172.) More specifically, the right to a jury trial on Penal Code section 667.5 enhancements as alleged in this case is statutory. (People v. Vera (1997) 15 Cal.4th 269, 278 (Vera) ["the deprivation of the statutory right to jury trial on the prior prison term allegations does not implicate the state or federal constitutional right to jury trial"].) Defendant, moreover, does not argue that he did not receive a fair court trial. Thus, his challenge to the failure to receive a jury trial on the sentence enhancement allegations in the amended information is not
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preserved for appellate review.15 (Vera, supra, 15 Cal.4th at p. 281.)
The judgment is affirmed.
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