California, United States of America
The following excerpt is from People v. Harris, B257675 (Cal. App. 2018):
sentencing so long as the court has not discharged the jury. [Citations.] Notwithstanding section 969a, defendant argues that section 1025, subdivision (b), prohibits the prosecution from amending the information to allege prior convictions after the jury that decided the guilt issue has been discharged. For reasons that follow, we agree." (Id. at pp. 771-772, fn. omitted; accord, People v. Gutierrez (2001) 93 Cal.App.4th 15, 24 ["The trial court acted in excess of jurisdiction in allowing the prosecution to file a late, amended information alleging the Nevada state robbery conviction as a strike prior and as a five-year enhancement."].)
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