People v. Jauregui CA2/3

Filed 11/10/21 P. v. Jauregui CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B312441

Plaintiff and Respondent, (Los Angeles County Super. Ct. v. No. 20HWMH01953)

ERIC JAUREGUI,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Robert S. Harrison, Judge. Affirmed. Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Paul M. Roadarmel, Jr., and Michael Katz, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

The court extended the commitment of Eric Jauregui after conducting a bench trial on the People’s Penal Code1 section 2970 petition, finding that Jauregui was unable to manage his psychiatric symptoms without supervision and still presented a danger to society if released from custody. Jauregui challenges the order on the ground that the court failed to obtain a valid waiver of his right to jury trial. We disagree and affirm. BACKGROUND Jauregui was convicted of assault with a deadly weapon (§ 245, subd. (a)(1)) after he entered his mother’s bedroom and stabbed her. Jauregui suffers from schizophrenia and was committed as a mentally disordered offender (MDO). His commitment was set to expire on April 7, 2021. The People petitioned to extend Jauregui’s commitment, arguing that his schizophrenia was not in remission and could not be kept in remission if his treatment were discontinued upon release. At a pretrial conference on February 23, 2021, the court asked Jauregui, “Before I set the trial, I just want to make sure you understand you have the right to a court trial—that’s with me or whoever would be sitting here; one person—or a jury trial with 12 people from the community. [¶] Do you give up your right to have a jury trial and, instead, have a court trial?” Jauregui replied, “No.” The court asked, “You want to have a jury trial?” Jauregui replied, “Yes.” Jauregui’s trial counsel explained to him, “There’s two types of trials. One with a judge; one with a jury. We . . . haven’t gotten any jury trials for the last year, so I don’t know how long you’re going to have to wait for a