§ 136.776 Effect of waiver of right to jury trial

If you decide to give up your right to a jury trial to decide whether you're guilty or not guilty, that same decision also gives up your right to a jury trial on any "enhancement facts." Enhancement facts are extra details that could lead to a harsher sentence, like facts about how the crime was committed or facts about your past record.

In plain terms, this means you don't get to pick and choose. You can't waive a jury for the guilt phase of your case but still ask for a jury to decide the facts that might increase your punishment. One waiver covers both parts of the case.

This matters because sentencing enhancements can add significant time to a sentence. Normally, a jury might need to agree on the facts that support an enhanced sentence. But once you give up your right to a jury for the main trial, a judge alone will also decide those enhancement facts, not a jury.