Young

Robert Wesley Young was convicted of illegal taking or driving of a vehicle, with a prior conviction for the same offense. (Veh. Code, § 10851; Pen. Code, § 666.5.) A prior prison term enhancement (Pen. Code, § 667.5) based on the same prior conviction was also found true. Although bifurcation of trial on the prison term prior had been granted, and defendant had stipulated to the prior conviction of illegal driving or taking, the jury was, over defense objection, informed of the prior conviction.

Following People v. Bouzas (1991) 53 Cal.3d 467 [ 279 Cal.Rptr. 847 , 807 P.2d 1076 ], which interpreted a similarly worded statute, Penal Code section 666, we hold that Penal Code section 666.5 provides for enhancement of the sentence rather than defining a new offense. Consequently, the prior Vehicle Code conviction was not an element of any offense charged here, and article I, section 28, subdivision (f) of the California Constitution did not require that it be proven to the trier of fact. Penal Code section 1025 provides that when such a prior conviction allegation is admitted before trial the jury is not to be informed of the charge or admission. We conclude the error was…