People v. Keller CA2/6

FACTS AND PROCEDURAL HISTORY

The trial court initially committed Keller as an OMHD in February 2019 and placed him in a treatment facility. (§ 2962.) He contested his commitment under section 2966, subdivision (c).2 Soon after, the People petitioned to recommit Keller for another year of treatment under section 2970.3 The trial court heard the parties’ petitions on December 6, 2021. It asked whether Keller, who was not present, had waived his right to a jury. Defense counsel stated he did not know and requested they defer the issue. The court agreed and scheduled trial for January 2022. The parties appeared for trial in front of a different judge. The court proceeded without advising Keller of his right to a jury trial or obtaining a waiver from him or defense counsel. It ordered Keller recommitted for another year. Keller appealed.

DISCUSSION

“[A] a court must obtain a personal waiver of the defendant’s right to a jury trial before holding a bench trial.” (Blackburn, supra, 61 Cal.4th at p. 1125, citing § 2972, subd. (a).) The parties agree we must reverse the recommitment order because the trial court failed to advise Keller of this right or to obtain a waiver from him. The…