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Name: People v. Arnett
Case #: C047855
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/31/2006

Appellant’s waiver of his right to a jury trial on his prior conviction included his right to a jury determination of whether his prior conviction was a serious felony for purposes of the enhancement. Prior to his trial for assault, appellant waived a jury on the issue of his prior convictions. Following conviction, appellant was sentenced to 13 years in state prison, which included a prior serious felony enhancement under Penal Code section 667(a)(1). On appeal, appellant argued that the enhancement was unauthorized because the jury did not make a factual finding that his current offense was a serious felony. The appellate court rejected the argument and affirmed. Appellant’s reliance on Apprendi and Blakely is misplaced. There is nothing in the language of Apprendi or Blakely to prevent a defendant from waiving the right to a jury determination. Further, appellant failed to object at sentencing when the court made the determination.