People v. Foster CA3

Good Law
Court of Appeal of CaliforniaJuly 1, 2022C093899California661 words

Opinion

Opinion

Earl, J.

facts of defendant’s offense. It suffices to say that an August 2017 information alleged that defendant (1) evaded a peace officer in a motor vehicle with wanton disregard for the safety of others (Veh. Code, § 2800.2, subd. (a)) and (2) suffered a prior strike conviction within the meaning of Penal Code section 1170.12, subdivision (b). In November 2017, defendant waived her right to a jury trial on the prior strike allegation. Defense counsel told the trial court that defendant “[was] willing to waive jury for the strike portion.” The trial court addressed defendant: “[Defendant], you have a right to have a jury trial on the allegation that -- on the issue where the People say you have a prior serious felony strike conviction. At that trial, the district attorney would have been required to present enough evidence to prove it is true beyond a reasonable doubt to the jury that you do have that prior serious felony conviction. At that trial -- do you understand that?” Defendant replied: “Yes, Your Honor.” The trial court continued: “And today I’m informed you wish to have a court trial on the issue of whether or not you have that prior conviction, that is a trial before me alone,…

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