California, United States of America
The following excerpt is from People v. Krall, F057115 (Cal. App. 11/4/2009), F057115 (Cal. App. 2009):
In People v. Bailie (2006) 144 Cal.App.4th 841, the court recognized the principle that the failure to advise a defendant of his or her right to a jury trial is not reversible error if the record affirmatively shows that the waiver of the right to a jury trial was voluntary and intelligent under the totality of the circumstances. (Id. at p. 847, citing People v. Howard (1992) 1 Cal.4th 1132, 1175.) Furthermore, the court applied this principle to the right to a jury trial in a section 6500 commitment proceeding. We agree that the totality of the circumstances test should be applied in a section 6500 commitment proceeding where an advisement of the right to a jury trial was not given by the trial court.
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