People v. Griffin CA2/1

DISCUSSION

In People v. Blackburn (2015) 61 Cal.4th 1113, 1116 (Blackburn), the Supreme Court concluded that trial courts must advise a defendant in an MDO recommitment proceeding of their right to a jury trial and must obtain a personal waiver of that right before proceeding with a bench trial. Blackburn also held that “a trial court’s failure to properly advise an MDO defendant of the right to a jury trial does not by itself warrant automatic reversal. Instead, a trial court’s acceptance of a defendant’s personal waiver without an express advisement may be deemed harmless if the record affirmatively shows, based on the totality of the circumstances, that the defendant’s waiver was knowing and voluntary.” (Blackburn, supra, 61 Cal.4th at p. 1136.)

3 Defendant contends the record does not affirmatively show his waiver was knowing and intelligent. We disagree. In People v. Sivongxxay (2017) 3 Cal.5th 151 (Sivongxxay), the Supreme Court reaffirmed that it has never “mandated any specific method for determining whether a defendant has made a knowing and intelligent waiver of a jury trial in favor of a bench trial.” (Id. at p. 167.) Instead, the focus is on an examination of “the…