People v. Taylor CA1/2

DISCUSSION

Taylor argues on appeal that this court must strike the true findings on the two aggravating circumstances because she did not personally waive her right to a jury trial on them. The Attorney General argues that Taylor did not have a right to a jury trial as to the aggravating circumstance under rule 4.421(b)(2) regarding the numerosity or increasing seriousness of her prior convictions. But the Attorney General agrees with Taylor that the trial court could not properly determine that Taylor’s crime involved a taking of “great monetary value” within the meaning of rule 4.421(a)(9) without a proper waiver of Taylor’s right to a jury trial, and that there was no such waiver in this case. A. No Right to Jury Trial on Rule 4.421(b)(2) – Numerosity or Increasing Seriousness of Prior Convictions Taylor contends the trial court’s finding that her prior convictions were numerous or of increasing seriousness under rule 4.421(b)(2) was made in violation of the Sixth Amendment and Penal Code section 1170, subdivision (b) (§ 1170(b)). We disagree. 1. Sixth Amendment Under the Sixth Amendment, any fact that increases the punishment for a crime beyond the statutory maximum—“…