California Court of Appeal

Order extending defendant's commitment to a state hospital as a Mentally Disordered Offender (MDO) is affirmed, where: 1) the jury trial waiver provision of the Mentally Disordered Offender Act does not require defendant's personal waiver or give counsel exclusive control, and counsel may instead waive a jury at the MDO's direction or with the MDO's consent; 2) when there is cause to doubt the MDO's capacity to determine whether a bench or jury trial is in his or her best interests, counsel can make the decision even over the MDO's objection; and 3) to protect the right to a jury trial and ensure compliance with the statute, when the court conducts a bench trial, the record must contain an express waiver and affirmatively establish the validity of that waiver.

Appellate Information

• Decided 04/23/2013
• Published 04/23/2013

Judges

• RUSHING

Court

• California Court of Appeal

Counsel