People v. Cummings CA1/1

DISCUSSION

Defendants have a state statutory right to a jury trial on the truth of prior conviction allegations. (§§ 1025, 1158; People v. Epps (2001) 25 Cal.4th 19, 23.) Section 1025, subdivision (b) provides: “Except as provided in subdivision (c), the question of whether or not the defendant has suffered the prior conviction shall be tried by the jury that tries the issue upon the plea of not guilty, or in the case of a plea of guilty or nolo contendere, by a jury impaneled for that purpose, or by the court if a jury is waived.”4 Section 1158 provides, in pertinent part: “Whenever the fact of a previous conviction of another offense is charged in an accusatory pleading, and the defendant is found guilty of the offense with which he is charged, the jury, or the judge if a jury trial is waived, must, unless the answer of the defendant admits such previous conviction, find whether or not he has suffered such previous conviction.” Defendant maintains that having elected to have a jury find whether or not he suffered the alleged prior conviction, the statutory scheme does “not

4 Section 1025, subdivision (c) states: “Notwithstanding the provisions of subdivision (b), the question…