Is a judge required to advise a defendant of his statutory right to a jury trial?

California, United States of America


The following excerpt is from People v. Masterson, 35 Cal.Rptr.2d 679, 8 Cal.4th 965, 884 P.2d 136 (Cal. 1994):

In People v. Hill, supra, 67 Cal.2d 105, 60 Cal.Rptr. 234, 429 P.2d 586, the defendant argued that before a court trial on his competence could be held, the court had to advise him about the right to a jury trial. We disagreed, finding "no duty in a judge to advise a defendant of his statutory rights where he is represented by counsel." (Id. at p. 114, 60 Cal.Rptr. 234, 429 P.2d 586.) "Obviously, where the attorney has doubts as to the present sanity of the defendant he should be able to make decisions as to how the proceeding should be conducted. [p] When evidence indicates that the defendant may be insane it should be assumed that he is unable to act in his own best interests. In such circumstances counsel must be free to act even contrary to the express desires of his client." (Id. at p. 115, fn. 4, 60 Cal.Rptr. 234, 429 P.2d 586.)

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