California Court of Appeal

Following plea of not guilty by reason of insanity (NGI) to a sexual offense and commitment to a state mental hospital for treatment, the trial court's grant of the petition to extend the NGI's commitment is affirmed, where: 1) Penal Code section 1026.5 does not require an NGI's personal jury trial waiver; 2) counsel may waive a jury at the NGI's direction or with the NGI's knowledge and consent, and counsel may also do so even over a defendant's objection, particularly when the defendant is not sufficiently competent to determine what is in his or her best interests; and 3) when the court conducts a bench trial, the record must affirmatively establish the circumstances and validity of the jury.

Appellate Information

• Decided 05/07/2013
• Published 05/07/2013

Judges

• RUSHING

Court

• California Court of Appeal

Counsel