Thomas

Defendant, Michael Lenvell Thomas, appeals from his conviction for evading an officer with willful disregard for the safety of persons or property. (Veh. Code, § 2800.2, subd. (a).) Defendant was also found to have served two prior prison terms. (Pen. Code, § 667.5, subd. (b).) Defense counsel waived defendant’s right to a jury trial on the prior prison term allegations. Defendant was not asked to nor did he waive his right to a jury trial on prior prison term allegations. After the court trial on the prior prison term allegations, the United States Supreme Court issued its opinion in Apprendi v. New Jersey (2000) 530 U.S. 466, 490 [ 120 S.Ct. 2348, 2362-2363 , 147 L.Ed.2d 435 ], which held that, other than the fact of prior conviction, sentencing enhancements must be determined by a jury. In the published portion of this opinion, we discuss whether the Fourteenth Amendment due process clause guarantees an accused the right to a jury trial on section 667.5 prior prison term allegations.

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Defendant argues that he was denied a right to a jury trial regarding the two prior prison term allegations. He reaches this conclusion because the trial court failed to obtain…