People v. Ballard CA2/7

INTRODUCTION

After Jacob Ballard waived his right to a jury trial, the trial court conducted a bench trial and convicted him of grand theft of an automobile and two other crimes. The trial court sentenced Ballard to two years of formal probation on the vehicular theft conviction and time served on the other two convictions. The trial court also issued a 10-year protective order requiring Ballard to stay away from and not have any contact with his former girlfriend, Consuelo P. Ballard appeals, arguing his waiver of his right to a jury trial was not knowing, intelligent, or voluntary. Ballard contends the trial court’s advisements of the rights he waived were defective because the court did not advise Ballard that he had the right to participate in the selection of the jury or that the members of the jury would be selected from a cross-section of the community. We conclude that, under the totality of the circumstances, Ballard’s waiver was knowing, intelligent, and voluntary. In addition, at Ballard’s request, we have independently reviewed the sealed transcript and documents relevant to the hearing on the Ballard’s motion under Pitchess v. Superior Court (1974) 11 Cal.3d 531 and…