Does a waiver of a jury trial apply to a defendant before proceeding to a bench trial?
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):
waiver requires automatic reversal. In Fortune v. U.S. (D.C. 2013) 59 A.3d 949, 955 (Fortune ) the trial court failed to take any waiver of a jury trial from the defendant before proceeding to a bench trial of a charged crimean error of constitutional
[219 Cal.Rptr.3d 295]
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