P. v. Darnell CA2/6
Edward Darnell appeals an order sustaining a petition for recommitment as a mentally disordered offender (MDO). (Pen. Code, § 2970.) He contends that because the trial court failed to advise him of his right to a jury trial, his waiver of jury was ineffective. (See People v. Blackburn (2015) 61 Cal.4th 1113, 1123-1124 (Blackburn).) We conclude the trial court’s acceptance of appellant’s “personal waiver of a jury trial” without an express advisement was harmless as the record affirmatively shows, based on the totality of the circumstances, that appellant’s waiver was knowing and voluntary. (See id. at pp. 1136-1137.) Accordingly, we affirm.
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