Require Jury to Determine Prior Convictions

Under existing law, a person convicted of certain prior offenses may be adjudged a habitual criminal and subject to enhanced sentencing. A jury determines whether the defendant committed the substantive offense charged, and the trial judge determines whether the defendant has been previously convicted as alleged. The bill requires a jury to determine whether the defendant has been previously convicted as alleged for the purpose of determining whether the defendant is a habitual criminal.
(Note: This summary applies to this bill as introduced.)