Legal Opinion

People v. Trejo

California Court of Appeal

Decided February 1, 1990No. F011373PublishedCited by 8 opinions

1Opinion of the Court

Opinion

FRANSON, P. J.

The question of first impression presented by this appeal is whether a defendant charged with a felony can waive a 12-person jury and stipulate to trial by 6 jurors. We conclude a criminal defendant can consent to a trial by six jurors pursuant to the constitutional provision which permits waiver of a jury trial.

Statement of the Case

Appellant Eladio Chavez Trejo was charged with one count of offering to sell heroin (Health & Saf. Code, § 11352) in an amount greater than 14.25 grams (Pen. Code, § 1203.07, subd. (a)(2)). Appellant requested trial by a six-person, rather…

2Cases cited9 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Williams v. FloridaSupreme Court of the United States · 1970
  3. Patton v. United StatesSupreme Court of the United States · 1930
  4. Ballew v. GeorgiaSupreme Court of the United States · 1978
  5. People v. RagsdaleCalifornia Court of Appeal · 1960

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. FarnamCalifornia Supreme Court · 2002
  2. Cowan v. Superior CourtCalifornia Supreme Court · 1996
  3. Bickel v. City of PiedmontCalifornia Supreme Court · 1997
  4. People v. TraugottCalifornia Court of Appeal · 2010
  5. People v. TraugottCalifornia Court of Appeal · 2010

3 more not listed; retrieve them via the Exa API.

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