CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Court Control of Proceedings
......Duty to Advise Defendant
4 Cards On This Topic:

Trial ct. must advise the petitioner in mentally disordered offender proceedings of the right to jury trial and elicit a waiver before a bench trial unless petitioner lacks capacity.

Failure to advise D that the jury would be comprised of 12 jurors who must unanimously find his guilt does not render the waiver of jury trial inadequate.

D could not avoid the immigration consequences of her plea change where the change was knowing and voluntary—she was advised by form and counsel of those consequences and court was not required to re-advise her.

Reversal required where DA repeatedly argued so as to diminish the reasonable doubt standard, and the court did not adequately advise D of his Boykin/Tahl rights.