California, United States of America
The following excerpt is from People v. Martin, 111 Cal.App.3d 973, 169 Cal.Rptr. 52 (Cal. App. 1980):
In People v. Gloria, supra, 108 Cal.App.3d 50, 166 Cal.Rptr. 138, the defendant was asked (1) if he understood what the right to a jury trial was and (2) if he understood that he would not have a jury trial if he pleaded guilty. His response to both questions was in each instance the single word "yes." As in the case before us, the defendant in Gloria was not specifically asked "Do you give up the right to trial by jury?" nor did he ever [111 Cal.App.3d 982] say "I give up my right to trial by jury" nor make any similar statement. Nonetheless, the Court of Appeal expressly and correctly refused to exalt form over substance and held the foregoing to be a valid waiver of the right to trial by jury. We agree with the court's analysis in Gloria. The differences between Gloria and the case at bench are so slight in comparison to the similarities that we deem the analysis of Gloria appropriate and applicable here. Its teaching assists our determination.
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.