People v. Masterson

Opinion

ARABIAN, J.

—Over the objection of his client, defense counsel stipulated to use of an 11-person jury in a hearing to determine whether defendant was competent to stand trial for felony charges. We must decide whether counsel was authorized to do so. Because of the nature of competency proceedings and of the right to a jury trial in those proceedings, we conclude that counsel has authority to waive entirely a jury trial over defendant’s objection. This includes within it lesser authority such as that exercised in this case.

Accordingly, we reverse the judgment of the Court of Appeal,…