(a)When a defendant who is charged in the accusatory pleading with having suffered a prior conviction pleads either guilty or not guilty of the offense charged against him or her, he or she shall be asked whether he or she has suffered the prior conviction. If the defendant enters an admission, his or her answer shall be entered in the minutes of the court, and shall, unless withdrawn by consent of the court, be conclusive of the fact of his or her having suffered the prior conviction in all subsequent proceedings. If the defendant enters a denial, his or her answer shall be entered in the minutes of the court. The refusal of the defendant to answer is equivalent to a denial that he or she has suffered the prior conviction.
(b)Except as provided in subdivision (c), the question of whether or not the defendant has suffered the prior conviction shall be tried by the jury that tries the issue upon the plea of not guilty, or in the case of a plea of guilty or nolo contendere, by a jury impaneled for that purpose, or by the court if a jury is waived.
(c)Notwithstanding the provisions of subdivision (b), the question of whether the defendant is the person who has suffered the prior conviction shall be tried by the court without a jury.
(d)Subdivision (c) shall not apply to prior convictions alleged pursuant to Section 190.2 or to prior convictions alleged as an element of a charged offense.
(e)If the defendant pleads not guilty, and answers that he or she has suffered the prior conviction, the charge of the prior conviction shall neither be read to the jury nor alluded to during trial, except as otherwise provided by law.
(f)Nothing in this section alters existing law regarding the use of prior convictions at trial.
Notes of Decisions
Cited in
95
cases (
8 in the last 5 years), 1945–2024 · leading case:
People v. Monge, 941 P.2d 1121 (Cal. 1997).
People v. Monge, 941 P.2d 1121 (Cal. 1997).
· cites it 8× “2d 83 ]), and, whether or not the trial is bifurcated, the defendant is entitled to a jury (Pen. Code, § 1025). The sentence enhancements must be pleaded and proved (see, e.”
People v. Saunders, 853 P.2d 1093 (Cal. 1993).
· cites it 6× “) Moreover, Penal Code section 1025 requires that the prior conviction allegation be tried in a unitary proceeding by the same jury that tries the underlying charges.”
People v. Gallardo, 407 P.3d 55 (Cal. 2017).
· cites it 2× “" ( Pen. Code, § 1025, subds. (b) & (c) ; see also id.”
People v. Epps, 18 P.3d 2 (Cal. 2001).
· cites it 2× “The only witness at the trial was a fingerprint expert, and defense counsel's cross-examination and closing argument focused exclusively on the issue of identity, not questioning the fact that someone was convicted.”
Spencer v. Texas, 385 U.S. 554 (1966).
· cites it 2× “[12] The three States which have adopted a stipulation procedure are: Arizona, Ariz.”
People v. Valladoli, 918 P.2d 999 (Cal. 1996).
· cites it 2× “, Pen. Code, § 1025; Health & Saf. Code, § 11370, subd.”
People v. Sumstine, 687 P.2d 904 (Cal. 1984).
· cites it 2× “' (Pen. Code, § 1025.) ... [W]hen this prima facie showing has been made, the defendant shall thereupon have the burden of producing evidence that his constitutional [ Boykin/Tahl rights were] infringed in the prior proceeding at issue.”
People v. Vera, 934 P.2d 1279 (Cal. 1997).
· cites it 2× “5, subdivision (b) provides that the sentence imposed on any person convicted of a felony must be enhanced by *272 one year for each prior prison term alleged and proven by the prosecution.”
People v. Mosby, 92 P.3d 841 (Cal. 2004).
“(Pen.Code, §§ 1025 [same jury that tried criminal charge must try prior conviction allegation], 1158; People v.”
People v. Hockersmith, 217 Cal. App. 3d 968 (Cal. Ct. App. 1990).
· cites it 5× “(Pen. Code, § 1025.) The defendant is entitled to a jury trial and the burden is on the prosecution to prove each element of the charged prior conviction beyond a reasonable doubt.”
Curl v. Superior Court, 801 P.2d 292 (Cal. 1990).
· cites it 2× “Second, in the course of such hearing the prosecutor shall first have the burden of producing evidence of the prior conviction sufficient to justify a finding that defendant `has suffered such previous conviction.”
People v. Wojahn, 150 Cal. App. 3d 1024 (Cal. Ct. App. 1984).
· cites it 3× “(Pen. Code, § 1025.) For the reasons set forth below we affirm the judgment as modified to strike the five-year enhancement for the prior.”
Cal. Penal Code § 1025(a): 1 case
Cal. Penal Code § 1025(b): 2 cases
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