California Court of Appeal

Trial court's order of commitment of defendant to the Department of Developmental Services for one year under Welfare and Institutions Code section 6500 is affirmed where: 1) due process and equal protection do not require the court to affirmatively advise the proposed committee under section 6500 of his or her right to a jury trial and, because commitment proceedings are civil in nature, the right may be waived as in civil proceedings generally by the failure to request a jury, and on the record, defendant's right to a jury trial was waived; and 2) even if the court were required to and did not advise defendant of her right to a jury trial and obtain an express waiver of that right, on the record, any such error would be harmless beyond a reasonable doubt.

Appellate Information

• Decided 01/21/2010
• Published 01/21/2010

Judges

• DUFFY, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Lisa H. Ashley-Ott, Office of the Attorney General, San Francisco, CA, for Plaintiff and Respondent., Sixth District Appellate Program, Santa Clara, CA, Jean F. Matulis, Cambria, CA, for Defendant and Appellant.