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PEOPLE v. EPPS

No. S082110.

104 Cal.Rptr.2d 572 (2001)

25 Cal.4th 19

18 P.3d 2

The PEOPLE, Plaintiff and Respondent, v. Dennis Lee EPPS, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied May 16, 2001.

Attorney(s) appearing for the Case

Marilyn Drath, San Rafael, under appointment by the Supreme Court, for Defendant and Appellant.

Michael P. Judge, Public Defender (Los Angeles), Albert J. Menaster and Alex Ricciardulli, Deputy Public Defenders, as Amici Curiae on behalf of Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, William T. Harter, Jeffrey Kahan, John R. Gorey and Noah P. Hill, Deputy Attorneys General, for Plaintiff and Respondent.

BROWN, J.

In this case, we decide whether the 1997 amendment to Penal Code section 1025, which added subdivision (c), effectively eliminated the right to a jury trial of prior conviction allegations, and if not, whether the erroneous denial of a jury trial in this context is subject to harmless error analysis on appeal. Consistent with our opinions in People v. Wiley (1995) 9 Cal.4th 580, 38 Cal...

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