California Court of Appeal

A criminal defendant has a federal constitutional right to a jury trial on factual issues relating to the circumstances and conduct underlying a prior conviction used to enhance punishment.

Appellate Information

• Decided 02/09/2004
• Published 02/09/2004

Judges

• GEMELLO, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• John A.W. Halley, under appointment by the Court of Appeal, Redwood City, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, John H. Deist and George F. Hindall III, Deputy Attorneys General, for Plaintiff and Respondent.