Error and/or relief
We find the trial court committed prejudicial error in not obtaining a personal waiver of the defendant’s right to a jury trial on the alleged aggravating factors. We vacate the sentence and remand the matter for litigation of the alleged aggravating circumstances and full resentencing. During the bench trial on the prior convictions, the trial court specifically noted that it was not convinced beyond a reasonable doubt that the prior convictions were true. It was therefore error for the court to rely on them.
Holding:
The trial court committed prejudicial error in not obtaining a personal waiver of the defendant’s constitutional right to a jury trial on the alleged aggravating factors.
Authority:
People v. Wiley (2025) 17 Cal.5th 1069, 1087
People v. Lynch (2024) 16 Cal.5th 730, 768
Chapman v. California (1967) 386 U.S. 18