Notice that Prior Convictions Will Be Used as Strikes

Although of course the defendant must be given notice that the prosecution charges a prior strike conviction, that notice does not need to be given prior to the trial on the current allegations. It had even been held permissible to add allegations of priors after the jury was dismissed where the failure to allege them earlier was not due to any bad faith by the prosecutor and the defendant was not harmed (except by the increase in his sentence) (People v. Tindall (1999) 72 Cal.App.4th 188, 190, but fortunately the California Supreme Court reversed that decision. (People v. Tindall (2000) 24 Cal.4th 767). The Supreme Court said that Penal Code section 1025(b) requires that the same jury decide both the issue of guilt and the truth of any prior conviction allegations. It would violate that statute if, after the jury is discharged, the information is amended to add more prior strikes which could not be decided by the discharged jury.

Return to Index.

Please send questions or comments to factsla@sbcglobal.net.

Everything on this web site can be distributed to the general public, reprinted, or reposted without permission of Families to Amend California's 3-Strikes.

Date last modified: 1/12/04.