Barrett

People v. Barrett

Good Law
104 Cal. Rptr. 3d 62·181 Cal. App. 4th 196·2009 Cal. App. LEXIS 2136
Court of Appeal of CaliforniaDecember 22, 2009H034154California8,362 words

Opinion

Opinion

Duffy, J.

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 198 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 199 OPINION Christine Barrett appeals from the trial court's order for commitment under Welfare and Institutions Code section 6500 , which determined, after a court trial, that she was "mentally retarded and a danger to herself and others" and on that basis committed her to the State Department *Page 200 of Developmental Services for a period of one year. 1 Barrett contends that she was deprived of her rights to due process and equal protection because the record does not show that the court advised her of her right to a jury trial and it reflects no express waiver of that right. Section 6500 does not contain a statutory right to a jury trial. But it is established that such a constitutional right exists for the civil commitment of a "mentally retarded person" under this…

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