People v. Tran

In 1998, Defendant pleaded not guilty by reason of insanity (NGI) to one count of lewd and lascivious conduct with a child and was committed to Napa State Hospital. In 2011, the Santa Clara County District Attorney petitioned to extend Defendant’s commitment a fourth time. Defendant opposed an extension of his commitment, and defense counsel requested a bench trial. After a bench trial, the trial court entered an order extending Defendant’s commitment. The Supreme Court reversed, holding (1) the trial court must advise an NGI defendant personally of his or her right to a jury trial and, before holding a bench trial, must obtain a personal waiver of that right from the defendant unless the court finds that the defendant lacks the capacity to make a knowing and voluntary waiver, in which case defense counsel controls the waiver decision; and (2) the trial court in this case erred in conducting a bench trial that extended Defendant’s commitment because the court did not advise Defendant of his right to a jury trial, did not obtain Defendant’s personal waiver of that right, and did not find substantial evidence that Defendant lacked the capacity to make a knowing and voluntary waiver. Remanded. View "People v. Tran" on Justia Law