People v. Luna CA6

I. Background

A petition to extend Luna‟s commitment was filed in June 2011. Luna had suffered prior convictions for criminal threats and false imprisonment, and he originally had been committed as an MDO in 1995. His commitment had been repeatedly extended since then. Luna was not present at the first hearing on the petition on June 15, 2011, but he was represented by counsel. The same was true at three subsequent hearings in June and July. Luna also was not present at a hearing on August 19, 2011. The following colloquy occurred at the August hearing. “THE COURT: . . . And it‟s my understanding the respondent is asking for a trial. He‟s waiving jury; correct? [¶] MR. SHARKEY [Luna‟s counsel]: That‟s right, Your Honor.” The prosecutor also waived jury trial. The trial was set for October 24. Luna was present at the October 24, 2011 trial. At the outset, the court stated that “this is an agreed-upon court trial for extension of his MDO status, I believe.” The prosecutor confirmed as much, and Luna‟s trial counsel affirmed that he was ready to proceed. Luna said nothing. The sole witness at the trial was Dr. Mendel Feldsher. Feldsher, a psychiatrist, testified as an expert on…