People v. Calderon

Opinion

GEORGE, J.

“Numerous California penal statutes allow increased punishment to be imposed upon a defendant if the prosecution alleges and *72proves that the defendant has suffered one or more prior convictions.” (People v. Saunders (1993) 5 Cal.4th 580, 585 [20 Cal.Rptr.2d 638, 853 P.2d 1093].) In People v. Bracamonte (1981) 119 Cal.App.3d 644, 655 [174 Cal.Rptr. 191] (Bracamonte), the Court of Appeal stated, as a “ ‘judicially declared rule[] of practice,’ ” that a defendant is entitled to have the determination of the truth of such an allegation bifurcated from the jury’s determination of…