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PEOPLE v. OTIS

No. B123471.

83 Cal.Rptr.2d 326 (1999)

70 Cal.App.4th 1174

The PEOPLE, Plaintiff and Respondent, v. Jerry OTIS, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

Review Denied June 30, 1999.

Attorney(s) appearing for the Case

Jerry D. Whatley, under appointment by the Court of Appeal, Santa Barbara, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Pamela C. Hamanaka, Supervising Deputy Attorney General, and Michael J. Wise, Deputy Attorney General, for Plaintiff and Respondent.

GILBERT, Acting P.J.

In a court trial Jerry Otis was adjudged to be a mentally disordered offender (MDO). (Pen.Code, § 2960 et seq.)1 Otis's counsel had waived a jury. The only question on appeal is whether Otis must personally waive a jury. We conclude defense counsel may act on his behalf. We affirm.

PROCEDURAL HISTORY

The Board of Prison Terms determined Otis qualified as an MDO. (§ 2966, subd. (a).) Otis...

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