People v. Epps

Opinion

BROWN, J.

In this case, we decide whether the 1997 amendment to Penal Code section 1025, which added subdivision (c), effectively eliminated the right to a jury trial of prior conviction allegations, and if not, whether the erroneous denial of a jury trial in this context is subject to harmless error analysis on appeal. Consistent with our opinions in People v. Wiley (1995) 9 Cal.4th 580 [38 Cal.Rptr.2d 347, 889 P.2d 541] (Wiley) and People v. Kelii (1999) 21 Cal.4th 452 [87 Cal.Rptr.2d 674, 981 P.2d 518] (Kelii), we conclude the amendment did not completely eliminate the right to a…