Otis

J.In a court trial Jerry Otis was adjudged to be a mentally disordered offender (MDO). (Pen. Code, § 2960 et seq.) 1 Otis’s counsel had waived a jury. The only question on appeal is whether Otis must personally waive a jury. We conclude defense counsel may act on his behalf. We affirm.

Procedural History

The Board of Prison Terms determined Otis qualified as an MDO. (§ 2966, subd. (a).) Otis filed a petition in superior court challenging that determination. (§ 2966, subd. (b).)

On the morning of trial Otis’s counsel waived a jury. Otis disagreed with his counsel and requested a jury trial. Otis also told the court that invisible *1176 police had been sexually assaulting him and were sexually assaulting him as he spoke to the court. The court stated for the record that Otis was not being assaulted in court. The court accepted counsel’s waiver of a jury over Otis’s objection.

The trial court denied Otis’s petition based on the testimony of his treating psychiatrist at Atascadero State Hospital.

Discussion

Otis does not dispute that an MDO proceeding is a civil, rather than a criminal, matter. (See People v. Robinson (1998) 63 Cal.App.4th 348 [ 74 Cal.Rptr.2d 52 ].)…