Bracamonte Motion

A criminal defense attorney brings a Bracamonte Motion when a defendant is charged with a “status” enhancement (such as having a prior conviction or committing another crime while on bail in another case). By bringing this motion the attorney wants to bifurcate (split) the defendant's trial proceedings into different parts so that the jury will not be influenced by a “status” enhancement. Should the jury hear of the status enhancement the sentencing in the current case could be more severe. The term Bracamonte Motion comes from the California Appellate Court case entitled: People v. Bracamonte (1981) 119 Cal.App.3d 644.

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