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Name: People v. Givan
Case #: F050822
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/24/2007

The extension of an NGI commitment was proper where appellant waived a hearing and the record showed an implicit waiver of the right to a jury trial. After a finding of not guilty by reason of insanity and a commitment to the Department of Mental Health (DMH), Givan waived a hearing on the prosecutor’s request for a two-year extension of treatment, and another two-year term was ordered. On appeal, Givan argued that the trial court erred by allowing him to waive his rights without requiring a personal appearance. He also argued that his waiver was invalid because there was no evidence of his knowledge or waiver of his right to a jury trial. The appellate court rejected both arguments and affirmed. Nothing in the record showed that appellant’s personal appearance on the petition would have changed the outcome, nor is there any requirement in section 1026.5 for a personal appearance. The waiver of the right to a jury trial was implicit since appellant waived a hearing so he could remain at Napa State Hospital and not miss important dates on pending charges in Napa.