INTRODUCTION TO LEGAL ISSUE
At the outset of my jury trial in 1986, I plead not guilty to serious felony prior convictions alleged in the information. The Court accepted my not guilty plea and the Court set the stage to bifurcate priors but the court-appointed lawyer unilaterally (WAIVED) my constitutional right to a jury trial on the issue of priors. The Court then directed the clerk to read each alleged prior conviction to the jury. That violated the substantial due process right given to all California defendants in the ruling of People v. Bracamonte, 119 Cal.3d 644 (1981). The jury came back with a guilty verdict. On direct appeal the issue wasn’t raised. I raised it in a habeas corpus Petition (the first claim) as indicated below:
PETITIONER WAS DENIED DUE PROCESS AND FAIR TRIAL WHEN AT THE ONSET OF TRIAL THE JURY WAS ADVISED OF PETITIONER’S PRIOR CONVICTIONS. The Superior Court, Court of Appeal, Supreme Court and federal Courts did not decide properly raised claim. I want a decision on this claim.
Yours truly,
ALLEN R. TURK
Prisoner Struggling for Justice
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