People v. Saunders

*601KENNARD, J.

I dissent.

In this case, the trial court discharged the jury immediately after it returned a verdict of guilty but before the prosecution had presented evidence that defendant had suffered prior felony convictions, as alleged by the prosecution for purposes of sentence enhancement. The trial court excused the prosecution’s failure to offer this evidence by convening another jury, over defendant’s objection, and giving the prosecution a second chance to prove the enhancement. The majority approves this procedure on the ground that defendant “waived” the right to object by not raising…