People v. Blackburn

In 2006, Defendant was declared a mentally disordered offender and committed to Atascadero State Hospital as a condition of parole. In 2011, the Santa Clara County District Attorney filed a third petition to extend Defendant’s commitment. Defendant opposed an extension of his commitment, and defense counsel requested a bench trial. After a bench trial, the trial court extended Defendant’s commitment. Defendant appealed, arguing that the trial court committed prejudicial error by failing to advise him of the right to a jury trial and by conducting a bench trial without first obtaining his personal waiver of that right. The Supreme Court reversed, holding that the trial court erred in conducting a bench trial that extended Defendant’s commitment, as (1) the statutory scheme that governs mentally disordered offender commitment proceedings expressly provides for advisement and waiver of the right to a jury trial; and (2) the trial court did not advise Defendant of his right to a jury trial in this case, did not obtain Defendant’s personal waiver of that right, and did not find that Defendant lacked the capacity to make a knowing and voluntary waiver. Remanded. View "People v. Blackburn" on Justia Law