Does a defendant who speaks only Spanish have an effective waiver of a jury trial?

California, United States of America


The following excerpt is from People v. Castaneda, 125 Cal.Rptr. 9, 52 Cal.App.3d 334 (Cal. App. 1975):

In People v. Acosta, 18 Cal.App.3d 895, 96 Cal.Rptr. 234, the defendant who spoke only Spanish was held to have made an effective waiver of a jury trial. The trial court questioned the defendant through an interpreter after the waiver and ascertained that it was personal. However, the trial court did not explain to the defendant the difference between the two types of trial or their relative advantages or disadvantages. The court stated at page 902, 96 Cal.Rptr. at page 237:

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