People v. Alejandro CA3

BACKGROUND

The People charged defendant with two counts of robbery, two counts of attempted carjacking, and one count of battery by gassing a peace officer. The People

1 also alleged aggravating circumstances. At a scheduling hearing, defendant purported to waive her right to a jury trial in the following exchange: “[PROSECUTOR]: And I would just ask the Court to take a personal waiver of jury from the defendant at this time. “THE COURT: I will. “[PROSECUTOR]: Thank you. “THE COURT: Do you understand that you have the right to a jury trial? “THE DEFENDANT: Yes, but I do not want one. “THE COURT: You do not want a jury trial? “THE DEFENDANT: No. I’d rather just have you judge me. “THE COURT: Okay. So you waive your right to a jury trial? “THE DEFENDANT: I waive my rights. “THE COURT: [Defense counsel], do you join in that waiver? “[DEFENSE COUNSEL]: I do. “THE COURT: All right. The Court will accept that. We’ll waive jury.” At the ensuing court trial, the trial court found defendant not guilty of the robbery charged in count 1, but guilty of the lesser included offense of attempted robbery; guilty of the robbery charged in count 2; guilty of the attempted carjacking charged in…