People v. Diaz CA5
Opinion
Opinion
INTRODUCTION
Fifteen years ago, in the case of People v. Collins (2001) 26 Cal.4th 297 (Collins), the California Supreme Court was asked to determine the validity of a criminal waiver of a jury trial, when the trial court, in advising the defendant before accepting the waiver, informed him he would receive “some benefit” if he waived his right to a jury trial. The court held defendant’s jury trial waiver was not a valid waiver in light of the trial court’s assurance he would receive a benefit by doing so, and it concluded reversal of the defendant’s conviction was thereby compelled. (Id. at p. 300.) In this case, defendant Esteban Acevedo Diaz waived his right to a jury trial after the trial court advised him, “I understand that the People would be dismissing three of the charges if you went forward with a court trial and your exposure would be—instead of 55 years to life in prison, your exposure would be 25 years to life in prison and the settlement talks could continue during the course of the court trial.” We agree with defendant’s contention his waiver was invalid under the Collins case, which also compels a reversal of defendant’s convictions.