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People v. Barrett, No. H034154

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By FindLaw Staff on January 22, 2010 12:05 PM

Trial court's order of commitment of defendant to the Department of Developmental Services for one year under Welfare and Institutions Code section 6500 is affirmed where: 1) due process and equal protection do not require the court to affirmatively advise the proposed committee under section 6500 of his or her right to a jury trial and, because commitment proceedings are civil in nature, the right may be waived as in civil proceedings generally by the failure to request a jury, and on the record, defendant's right to a jury trial was waived; and 2) even if the court were required to and did not advise defendant of her right to a jury trial and obtain an express waiver of that right, on the record, any such error would be harmless beyond a reasonable doubt.     

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Appellate Information

Filed January 21, 2010

Judges

Opinion by Judge Duffy

Counsel
For Appellant:   Jean Matulis

For Appellee:   Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Dorian Jung, Deputy Attorney General, Lisa Ashley Ott, Deputy Attorney General

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