When will a defendant waiver his right to a jury trial?

California, United States of America


The following excerpt is from People v. Jones, A152216 (Cal. App. 2018):

Jones argues that his waiver of his right to a jury trial on the alleged prior offenses was not " ' "voluntary and intelligent under the totality of the circumstances." ' " (People v. Daniels (2017) 3 Cal.5th 961, 991 (lead opn. of Cuellar, J.).) He notes that his colloquy with the trial court did not mention that the court alone would decide whether he had suffered the prior convictions, that one juror out of twelve could prevent a true finding, or the consequences of a deadlocked jury. He also argues that the record does not demonstrate that defense counsel explained the nature of the jury trial right to him, because court was in session and on the record from the time that defense counsel stated

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