CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Foundation Issues
......Facts Finally Determined by Judge
.........Constitutionality of Prior Convictions
2 Cards On This Topic:
  • Constitutionality of prior conviction is question of fact for judge, not jury.
  • Trial court did not violate D’s right to jury trial by examining record of prior convictions to see if they were qualifying prior convictions for enhanced sentencing purposes.