Statute · California Penal Code

Cal. Penal Code § 1042.5 — The Mode of Trial

Cal. Penal Code § 1042.5

Type
Statute
Source
California Penal Code
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

Trial of an infraction shall be by the court, but when a defendant has been charged with an infraction and with a public offense for which there is a right to jury trial and a jury trial is not waived, the court may order that the offenses be tried together by jury or that they be tried…

Citator

Cal. Penal Code § 1042.5 — The Mode of Trial is in force in the current edition of the Code, and nothing recorded condemns it.

Trial of an infraction shall be by the court, but when a defendant has been charged with an infraction and with a public offense for which there is a right to jury trial and a jury trial is not waived, the court may order that the offenses be tried together by jury or that they be tried separately with the infraction being tried by the court either in the same proceeding or a separate proceeding as may be appropriate.