People v. Sy CA4/1

California Court of Appeal Dec 22, 2025 No. D085569Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that the defendant's waiver of his right to a jury trial in a commitment extension proceeding was knowing, intelligent, and voluntary based on the totality of the circumstances, despite the trial court's failure to include every recommended advisement in its colloquy.

Issues

Whether the trial court failed to properly advise the defendant of his right to a jury trial prior to accepting his personal waiver.
Whether the defendant's waiver of a jury trial was knowing and voluntary under the totality of the circumstances.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The court’s advisement satisfied its purpose by sufficiently informing Sy of what his right entailed so that he could confirm he had made an informed decision to waive it.”

“We conclude the record shows his waiver was knowing, intelligent, and voluntary.”

Filed 12/22/25 P. v. Sy CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D085569

Plaintiff and Respondent,

v. (Super. Ct. No. SCN338589)

CHOJI SY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Rachel Cano, Judge. Affirmed. Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Donald W. Ostertag and Robin Urbanski, Deputy Attorneys General, for Plaintiff and Respondent. Choji Sy appeals an order extending his commitment to the State Department of State Hospitals for two years under Penal Code section

1026.5,1 a special civil recommitment procedure that applies to defendants

1 Undesignated statutory references are to the Penal Code.

who were originally hospitalized after being found not guilty by reason of insanity (NGI) in a criminal prosecution. On appeal, Sy contends the court failed to properly advise him of his right to a jury trial prior to obtaining a personal waiver and requests the order be reversed. Concluding that his waiver was knowing and voluntary, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 2016, Sy pleaded NGI to one count of assault with a deadly weapon (§ 245, subd. (a)(1)) and was committed to Patton State Hospital for

People v. Sy CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D085569

CHOJI SY,

FACTUAL AND PROCEDURAL BACKGROUND

More from California Court of Appeal

Related research

DISCUSSION

DISPOSITION

DATO, J.

CASTILLO, J.

AI Brief