# People v. Epps

> California Supreme Court · March 5, 2001 · 104 Cal. Rptr. 2d 572

URL: https://www.frixlaw.com/law-library/cases/9796276

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. DENNIS LEE EPPS, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** March 5, 2001
- **Citations:** 104 Cal. Rptr. 2d 572; 25 Cal. 4th 19; 2001 Daily Journal DAR 2247; 18 P.3d 2; 2001 Cal. Daily Op. Serv. 1801; 2001 Cal. LEXIS 1164
- **Precedential status:** Published
- **Opinion:** Dissent by Mosk
- **Judges:** Brown, Werdegar, Mosk, Kennard
- **Cited by:** 157 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9796276

## How later opinions describe it (automated extraction)

- noting that the right to a jury determination of whether a prior conviction occurred exists only “in an appropriate case,” and that “depending on the circumstances, the question might well be for the court” rather than the jury

## Opinion text

MOSK, J.
I dissent.
In People v. Cahill (1993) 5 Cal.4th 478, 501 [ 20 Cal.Rptr.2d 582 , 853 P.2d 1037 ], this court recognized that a trial court’s “denial of [a] defendant’s right to a jury trial” is error reversible per se.
*33 The scope of the jury trial that the superior court denied defendant may indeed have been rather limited. But the act by which it effected its denial was altogether egregious.
The Court of Appeal made no effort to salvage the superior court’s' judgment. Neither will I.
I would affirm the judgment of the Court of Appeal.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9796276. Public record. Not legal advice.