People v. Guzman

Opinion

WOODS, (Fred), J.

Appellants (Marco Aurelio Guzman and Ruben Correa) were tried without a jury and found guilty of narcotics-related offenses. The Attorney General concedes the record “does not reflect an express waiver of the right to a jury trial by appellants].’’ The dispositive question is this: does the record, under the totality of circumstances, show a voluntary and intelligent jury waiver by appellants? (People v. Howard (1992) 1 Cal.4th 1132, 1175 [5 Cal.Rptr.2d 268, 824 P.2d 1315].) The answer is “no.” We reverse.

Discussion

Prior to People v. Howard the requirements of…