Is a failure to obtain the consent of counsel for a defendant's waiver of jury trial reversible per se error?
California, United States of America
The following excerpt is from People v. Bautista, B281615 (Cal. App. 2018):
3. Significant portions of the respondent's brief and the appellant's reply brief address whether the failure to obtain defense counsel's consent to the defendant's waiver of jury trial is reversible per se error or is to be analyzed under the harmless error standard of People v. Watson (1956) 46 Cal.2d 818. In light of our conclusion that there was no error in this case, we decline to address these arguments.
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