People v. Sy CA4/1

DISCUSSION

Sy contends the trial court failed to properly advise him of his right to a jury trial before accepting his personal waiver. The People disagree, contending his waiver was knowing and intelligent based on the totality of the circumstances. Section 1026.5, subdivision (b), specifies the procedural requirements for a commitment extension hearing, providing that “the court shall advise the person named in the petition of the right to be represented by an attorney and of the right to a jury trial” and that such trial “shall be by jury unless waived by both the person and the prosecuting attorney.” (§ 1026.5, subd. (b)(3) & (4).) Thus, “the decision to waive a jury trial belongs to the NGI defendant in the first instance, and the trial court must elicit the waiver decision from the defendant on the record in a court proceeding.” (People v. Tran (2015) 61 Cal.4th 1160, 1167.) Acceptance of an invalid jury trial waiver generally requires automatic reversal. (Id. at p. 1169.) However, where a trial court accepts the “defendant’s personal waiver without an express advisement of the statutory right to a jury trial,” the error “may be deemed harmless if the record affirmatively…