Blancett

*1202 People v. Blackburn (2015) 61 Cal.4th 1113 , 191 Cal.Rptr.3d 458 , 354 P.3d 268 holds that a trial court must advise a defendant in an MDO (mentally disordered offender) recommitment hearing of his or her right to a jury trial. We stress that Blackburn means what it says and applies to all MDO hearings, including original commitment hearings.

Dakota Blancett appeals an order determining him to be an MDO and committing him to the Department of Mental Health for involuntary treatment. ( Pen. Code, § 2962 et seq. ) 1 We reverse and hold that Blancett's waiver of the right to a jury trial was not knowing, voluntary, and intelligent pursuant to the totality of circumstances. ( § 2962, subd. (b) ; People v. Daniels (2017) 3 Cal.5th 961 , 221 Cal.Rptr.3d 777 , 400 P.3d 385 [lead opn. of Cuéllar, J.] ( Daniels ); People v. Sivongxxay (2017) 3 Cal.5th 151 , 166, 219 Cal.Rptr.3d 265 , 396 P.3d 424 ( Sivongxxay ); People v. Blackburn , supra , 61 Cal.4th 1113 , 1116, 1136, 191 Cal.Rptr.3d 458 , 354 P.3d 268 ( Blackburn ).)

Prior to conducting a bench trial, the trial court must obtain personally from an MDO defendant a knowing, intelligent, and voluntary waiver of the right to a jury…