Section 1025 Of Chapter 4. Plea From California Penal Code >> Title 6. >> Part 2. >> Chapter 4.
1025
. (a) When a defendant who is charged in the accusatory
pleading with having suffered a prior conviction pleads either guilty
or not guilty of the offense charged against him or her, he or she
shall be asked whether he or she has suffered the prior conviction.
If the defendant enters an admission, his or her answer shall be
entered in the minutes of the court, and shall, unless withdrawn by
consent of the court, be conclusive of the fact of his or her having
suffered the prior conviction in all subsequent proceedings. 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 the jury that tries the issue upon the plea of not guilty,
or in the case of a plea of guilty or nolo contendere, by a jury
impaneled for that purpose, or by the court if a jury is waived.
(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.
(d) Subdivision (c) shall not apply to prior convictions alleged
pursuant to Section 190.2 or to prior convictions alleged as an
element of a charged offense.
(e) If the defendant pleads not guilty, and answers that he or she
has suffered the prior conviction, the charge of the prior
conviction shall neither be read to the jury nor alluded to during
trial, except as otherwise provided by law.
(f) Nothing in this section alters existing law regarding the use
of prior convictions at trial.