People v. Tran
61 Cal. 4th 1160
| Cal. | 2015Background
- Tran pleaded NGI to lewd-and-lascivious conduct with a child under 14 in 1998 and was committed to Napa State Hospital.
- Tran’s commitment has been extended multiple times (2005 written waiver; 2007 bench trial; 2009 jury trial).
- In 2011, the DA filed a fourth petition to extend Tran’s commitment; defense requested a bench trial and prosecutors agreed.
- The trial court did not advise Tran of his right to a jury trial, nor obtain a personal waiver or record substantial evidence of incapacity.
- Court of Appeal upheld the extension despite the lack of advisement/waiver, citing prior law; the Supreme Court reversed and remanded for proper waiver proceedings.
- The decision aligns NGI advisement/waiver with MDO scheme, adopting a rule that the right to a jury trial is the NGI defendant’s to invoke or waive on the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do 1026.5(b)(3)-(4) require personal advisement and waiver in NGI extension proceedings? | People argues the NGI advisement and waiver are mandatory and personal. | Tran argues the waiver can be influenced by counsel if capacity issues exist. | Yes; advisement personal and waiver on the record, unless substantial capacity doubts exist. |
| Who controls the jury-trial waiver when capacity is in question? | People maintains the defendant has the final say. | Counsel may waive if the defendant lacks capacity to waive; majority rule. | Waiver decision belongs to the NGI defendant; if substantial evidence of incapacity, counsel controls. |
| Is a trial court’s acceptance of an invalid waiver automatically reversible? | People contends automatic reversal when no advisement/waiver. | Tran argues harmless error under Watson analysis in some scenarios. | Automatic reversal for complete denial; otherwise harmless if record shows lack of capacity or valid knowing waiver. |
| What remedy should apply on direct appeal? | Remand to determine proper personal waiver or incapacity. | Remand unnecessary according to concurrence. | Remand to determine whether Tran personally waived or lacked capacity; if proven, reinstate order. |
Key Cases Cited
- Blackburn, 61 Cal.4th 1113 (Cal. 2015) (NGI/MDO advisement and waiver parallel; personal advisement required; record on waiver needed)
- Powell, 114 Cal.App.4th 1153 (Cal. App. 2004) (counsel can waive under certain circumstances; conflicts with personal waiver requirement)
- Givan, 156 Cal.App.4th 405 (Cal. App. 2007) (counsel’s waiver scope; conflict with personal waiver rule)
- Lamas, 42 Cal.4th 516 (Cal. 2007) (in pari materia; apply consistent meaning across related statutes)