People v. Harris CA2/1

DISCUSSION

Harris contends the trial court improperly induced his jury trial waiver by highlighting the scheduling advantages of

2 choosing a bench trial over a jury trial. As explained below, we find no merit in this contention. A. Relevant Proceedings At a March 16, 2021 pretrial conference, the prosecutor advised the trial court that “[w]e need to set a trial date,” and that the maximum date was April 19, 2021.1 The court then asked Harris’ counsel if he was available on April 6, 2021, and, after counsel replied in the affirmative, the court asked counsel if it was going to be a court or a jury trial. The prosecutor responded that it was going to be a court trial, but stated to Harris’ counsel, “[w]e don’t have a waiver, though.” Thereafter, a colloquy between the trial court and Harris ensued, as follows: “The Court: . . . So, Mr. Harris, we’re setting your case for a court trial today for April 6th at 1:30 p.m. But you need to know that you have a right to have your case tried to a jury of 12 members of the community. And—however, if you choose that option in lieu of having a court trial, we probably won’t be able to give you a trial date until sometime in—When, [the…