California, United States of America
The following excerpt is from People v. Sivongxxay, 219 Cal.Rptr.3d 265, 3 Cal.5th 151, 396 P.3d 424 (Cal. 2017):
Our sister courts are in accord. (Fortune v. U.S. (D.C. 2013) 59 A.3d 949, 956-957 ["the importance of the right to a jury trial, the explicit
[3 Cal.5th 225]
statutory command in this jurisdiction that trial shall be by jury absent an express waiver by the defendant in open court, and the relative inability of a reviewing court to engage in review of whether the error affected the defendant's rights, all counsel in favor of holding that the failure to make the prescribed determination of waiver is a structural error"]; State v. Williams , supra , 104 P.3d at p. 1153 ["We cannot assume that defendant, by waiving a jury trial on the burglary charge, intended to waive the right to have a jury determine the facts required for imposition of an enhanced dangerous offender sentence"].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.