Finding of Fact of Prior Convictions

8 GCA § 105.46 — under Conduct of Jury After Submission of Case: Verdict or Finding.

8 GCA § 105.46

Whenever the fact of a previous conviction of another offense is charged in an indictment, information or complaint, and the defendant is found guilty of the offense with which he is charged, the court shall, unless the answer of the defendant admits such previous conviction, find whether or not he has suffered such previous conviction. If more than one previous conviction is charged a separate finding must be made as to each. NOTE: Section 105.46 reflects the need for a determination whether a defendant has suffered previous convictions but also reflects the policy decision that such determination should be made by the court in all cases, i.e., whether or not a jury

COL120106 VERDICT OR F INDING decided guilt on the general issue. Contrast Cal. Pen. Code § 1158. See also § 90.13 (reading of accusatory pleading not to include reference to prior convictions).