People v. Mitchell CA3

I. BACKGROUND2

In 2005, defendant pleaded no contest to voluntary manslaughter (Pen. Code,3 § 192, subd. (a)) and admitted personal use of a firearm (§ 12022.5, subd. (a)). The trial court sentenced him to 11 years (the upper term) for the voluntary manslaughter and four years (the middle term) for the firearm use enhancement. Prior to release on parole, defendant was committed for treatment as an offender with a mental health disorder (OMHD).4 In 2023, the People petitioned to extend defendant’s commitment. Defense counsel requested a jury trial at a hearing in which defendant appeared remotely. But at a subsequent hearing, in which defendant was not present, defense counsel answered affirmatively when asked if the proceeding would be a bench trial. During the pretrial conference, the trial court stated “[t]he matter was sent up for court trial” because defendant had “waived jury trial.” A bench trial was held, and the trial court ultimately granted the People’s petition. Defendant timely appealed.

II. DISCUSSION

Defendant argues the recommitment order must be reversed because the record does not establish that he waived his right to a jury trial. The People agree, as do…