People v. Blancett
Annotate this CasePrior to conducting a bench trial, the trial court must obtain personally from a mentally disordered offender (MDO) defendant a knowing, intelligent, and voluntary waiver of the right to a jury trial unless the court finds substantial evidence that the defendant lacks the capacity to make such a waiver. The Court of Appeal reversed the trial court's order determining defendant to be an MDO. The court held that defendant's waiver of the right to a jury trial was not knowing, voluntary, and intelligent pursuant to the totality of the circumstances. In this case, there was no evidence in the record demonstrating that defendant was sufficiently advised of his right to a jury trial and that he knowingly and voluntarily waived that right.
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