Yes, when a felony defendant requests a separate trial on an aggravating circumstance alleged in the indictment or information, Penal Code section 1170(b)(2) generally requires bifurcation. The statute has important exceptions: evidence that may be admitted to prove or defend the charged offense or an enhancement, or evidence otherwise authorized by law, may still be heard with the guilt case. Bifurcation is not a blanket bar on relevant evidence. Penal Code section 1170

Make the request and identify overlap

Kings County Local Rule 513 calls for notice to the prosecution and court on or before the trial-readiness date. If the parties dispute whether evidence overlaps with the charged offense or an enhancement, the rule directs them to raise the issue by motion in limine. If the court bifurcates, the aggravator phase uses a separate verdict form. Check the current trial-readiness schedule and any case-specific order with counsel. Kings County Local Rule 513

The practical question is what the jury would need to hear to decide guilt and the enhancements, and what evidence relates only to the alleged sentencing factor. The statute preserves the permitted overlap; a request does not decide admissibility or prevent the prosecution from using evidence the law otherwise allows.

Keep prior convictions and sentencing statements distinct

A charged aggravating circumstance is different from a prior conviction offered under section 1170(b)(3). The statute provides a separate route for a court to determine a prior-conviction aggravating circumstance from certified records. A formal statement in aggravation or mitigation under section 1170(b)(4) is another distinct filing. Do not treat the request to bifurcate current aggravators as a challenge to a prior strike, an enhancement, or a separate sentencing statement.

If the jury decides a bifurcated allegation, the statute provides that it is not told of that allegation until after finding the defendant guilty of a felony. A finding or stipulation about an aggravating circumstance may affect the court’s term selection, but it does not itself guarantee an upper term or determine the sentence.

For help assessing sentencing issues in a California felony case, contact the Law Offices of David S. Chesley at (800) 755-5174.