P. v. O’Day
Defendant James Allen O’Day appeals the Superior Court’s order extending his civil commitment pursuant to Penal Code section 1026.5, subdivision (b).[1] On appeal, defendant claims the trial court erred by failing to: (1) personally advise defendant of his statutory right to a jury trial; and (2) obtain defendant’s personal waiver of that right. Defendant contends these errors were prejudicial because it is reasonably probable a result more favorable to defendant would have occurred if the extension proceeding took place before a jury. For the reasons stated here, we will affirm the trial court’s order extending defendant’s commitment.
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