People v. Walsh CA3

DISCUSSION

In an SVP proceeding, a defendant “is entitled to a trial by jury.” (§ 6603, subd. (a).) If the defendant or the petitioning attorney “does not demand a jury trial, the trial shall be before the court without a jury.” (§ 6603, subd. (f).) Defendant effectively acknowledges that the SVP statutory scheme does not require a trial court to advise a defendant of his right to a jury trial or obtain a personal waiver of that right. Nonetheless, defendant argues that the court’s failure to do so here violated his constitutional rights in two respects. First, he contends that due process “mandates a jury trial waiver for SVP defendants that [includes] the same protections afforded criminal defendants.” Second, he claims that the SVP statutory scheme denies him equal

2 protection under the law because the statutes governing other civil commitment proceedings provide for a jury trial by default and a personal jury trial waiver. Due Process The People argue that defendant has forfeited his due process claim by not raising it below. Defendant submits that claims implicating fundamental constitutional rights cannot be forfeited and that we may consider his claim for the first time…