People v. Badue CA1/3

DISCUSSION

Defendant contends his waiver of his right to a jury trial was not knowing, voluntary, and intelligent. A criminal defendant has a right to trial by jury under both the federal and state constitutions. (People v. Weaver (2012) 53 Cal.4th 1056, 1071; U.S. Const., amend. VI; Cal. Const., art. I, § 16.) This right, however, may be waived by consent of both parties. (Weaver, at p. 1071.) To be valid, a defendant’s waiver must be “ ‘knowing and intelligent, that is, “ ‘ “made with a full awareness both of the nature of

All statutory references are to the Penal Code.

2 the right being abandoned and the consequences of the decision to abandon it,” ’ ” as well as voluntary “ ‘ “in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, and deception.” ’ ” ’ ” (Id. at pp. 1071–1072, quoting People v. Collins (2001) 26 Cal.4th 297, 305.) Defendant contends these standards are not met here because the trial court did not advise him of the mechanics of a jury trial, he did not have the advice of counsel, and he was unable to grasp relevant facts and basic legal concepts, as shown by his meritless motions and the competency…