Does a trial court have an affirmative duty to advise a defendant, in person, of their right to a jury trial?
California, United States of America
The following excerpt is from People v. Shideler, E053648, Super.Ct.No. FSB06039 (Cal. App. 2012):
Defendant argues that the trial court had an affirmative duty to advise defendant, in person, of the right to a jury trial, relying upon People v. Alvas (1990) 221 Cal.App.3d 1459, 1463-1464. The Alvas case involved an involuntary commitment under Welfare and Institutions Code section 6500, where the reviewing court concluded that the record must show an advisement and waiver of the right to a jury trial. (Id. at p. 1465.) In
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