Section 969.5 Of Chapter 2. Rules Of Pleading From California Penal Code >> Title 5. >> Part 2. >> Chapter 2.
969.5
. (a) Whenever it shall be discovered that a pending complaint
to which a plea of guilty has been made under Section 859a does not
charge all prior felonies of which the defendant has been convicted
either in this state or elsewhere, the complaint may be forthwith
amended to charge the prior conviction or convictions and the
amendments may and shall be made upon order of the court. The
defendant shall thereupon be arraigned before the court to which the
complaint has been certified and shall be asked whether he or she has
suffered the prior conviction. If the defendant enters a denial, his
or her answer shall be entered in the minutes of the court. The
refusal of the defendant to answer is equivalent to a denial that he
or she has suffered the prior conviction.
(b) Except as provided in subdivision (c), the question of whether
or not the defendant has suffered the prior conviction shall be
tried by a jury impaneled for that purpose unless a jury is waived,
in which case it may be tried by the court.
(c) Notwithstanding the provisions of subdivision (b), the
question of whether the defendant is the person who has suffered the
prior conviction shall be tried by the court without a jury.