Supreme Court of California

The 1997 amendment to Penal Code section 1025, which added subdivision (c), did not eliminate the right to a jury trial of prior conviction allegations but limits the jury to determining whether defendant "suffered" a prior conviction.

Appellate Information

• Decided 03/05/2001
• Published 03/05/2001

Judges

• BROWN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
•  Marilyn Drath, San Rafael, under appointment by the Supreme Court, for Defendant and Appellant., Michael P. Judge, Public Defender (Los Angeles), Albert J. Menaster and Alex Ricciardulli, Deputy Public Defenders, as Amici Curiae on behalf of Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, William T. Harter, Jeffrey Kahan, John R. Gorey and Noah P. Hill, Deputy Attorneys General, for Plaintiff and Respondent.