What is the test for bifurcating a prior conviction allegation in a sexual assault case?

California, United States of America


The following excerpt is from The People v. Ivory, A123557, No. C154045 (Cal. App. 2010):

Pursuant to section 954, a trial court, "in the interests of justice and for good cause shown, may in its discretion order that the different offenses or counts set forth in the accusatory pleading be tried separately...." ( 954.) Section 954 does not impose a sua sponte duty on the trial court to order the severance of counts, and a "defendant's failure to request a severance waives the matter on appeal." (People v. Hawkins (1995) 10

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Cal.4th 920, 940, disapproved on other grounds in People v. Lasko (2000) 23 Cal.4th 101, 110.) Likewise, our own research indicates that the trial court has no sua sponte duty to bifurcate proceedings. (See People v. Barre (1992) 11 Cal.App.4th 961, 965 [trial court properly submitted prior-conviction allegation to jury where defendant did not request it be bifurcated].)

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