People v. Jauregui CA2/3

BACKGROUND

Jauregui was convicted of assault with a deadly weapon (§ 245, subd. (a)(1)) after he entered his mother’s bedroom and stabbed her. Jauregui suffers from schizophrenia and was committed as a mentally disordered offender (MDO). His commitment was set to expire on April 7, 2021. The People petitioned to extend Jauregui’s commitment, arguing that his schizophrenia was not in remission and could not be kept in remission if his treatment were discontinued upon release. At a pretrial conference on February 23, 2021, the court asked Jauregui, “Before I set the trial, I just want to make sure you understand you have the right to a court trial—that’s with me or whoever would be sitting here; one person—or a jury trial with 12 people from the community. [¶] Do you give up your right to have a jury trial and, instead, have a court trial?” Jauregui replied, “No.” The court asked, “You want to have a jury trial?” Jauregui replied, “Yes.” Jauregui’s trial counsel explained to him, “There’s two types of trials. One with a judge; one with a jury. We . . . haven’t gotten any jury trials for the last year, so I don’t know how long you’re going to have to wait for a

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