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P. v. Moss CA2/6
Spencer Moss appeals the trial court’s order committing him for treatment as a mentally disordered offender (MDO). (Pen. Code, § 2972.) Moss contends the commitment order should be vacated because the court erred when it permitted his attorney to waive his right to a jury trial over his objection without finding that he lacked the capacity to make a knowing and voluntary waiver of that right. (See People v. Blackburn (2015) 61 Cal.4th 1113, 1125 (Blackburn).) We vacate the order and remand.

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