People v. Foster CA3
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,…