Does a defendant have to waive his right to a jury trial in a criminal case?

California, United States of America


The following excerpt is from People v. Clay, B279498 (Cal. App. 2017):

Defendant's reliance on People v. Mosby (2004) 33 Cal.4th 353 (Mosby) is misplaced. In Mosby our high court considered the propriety of an admission of a prior conviction when a transcript failed to reveal complete waivers. Defendant tries to argue that he received incomplete waivers because the trial court did not inform him of his right to a jury trial just before he admitted his prior conviction. But, because defendant had already waived his right to a jury trial, there was no need to advise him of that right prior to his admission. In contrast to Mosby, defendant did not receive incomplete admonitions, and the principles in Mosby are simply inapplicable.3

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