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.
Cal. Penal Code § 1042.5
The Mode of Trial
Applied in 5 court decisions — leading case 190 Cal. App. 3d 935 - People v. Sava (1987)
Most recently applied in 237 Cal. Rptr. 3d 589 - People v. Sekhon (July 2018)
Added by Stats. 1968, Ch. 1192.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.