Legal Opinion

People v. Blancett

California Court of Appeal, 5th District

Decided September 11, 2017No. 2d Crim. No. B277433PublishedCited by 9 opinions

1Opinion of the Court

*633GILBERT, P.J.

*1202People v. Blackburn (2015) 61 Cal.4th 1113, 191 Cal.Rptr.3d 458, 354 P.3d 268 holds that a trial court must advise a defendant in an MDO (mentally disordered offender) recommitment hearing of his or her right to a jury trial. We stress that Blackburn means what it says and applies to all MDO hearings, including original commitment hearings.

Dakota Blancett appeals an order determining him to be an MDO and committing him to the Department of Mental Health for involuntary treatment. ( Pen. Code, § 2962 et seq. )1 We reverse and hold that Blancett's waiver of the right to a jury…

2Cases cited5 opinions

  1. Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
  2. People v. BlackburnCalifornia Supreme Court · 2015
  3. People v. TranCalifornia Supreme Court · 2015
  4. People v. SivongxxayCalifornia Supreme Court · 2017
  5. People v. DanielsCalifornia Supreme Court · 2017

3Cited by9 opinions

  1. People v. Jones, California Court of Appeal, 5th District2018
  2. Conservatorship of B.K.California Court of Appeal · 2026
  3. Conservatorship of C.O.California Court of Appeal · 2026
  4. Conservatorship of T.B. CA1/5California Court of Appeal · 2021
  5. People v. JonesCalifornia Court of Appeal · 2018

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