Knowing & Voluntary Waiver. A court may not accept a defendant’s waiver of a jury trial unless the waiver is knowing and intelligent, that is, is made with a full awareness of the nature of the right being abandoned and the consequences of the decision to abandon it, as well as voluntary in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception. (People v. Daniels (2017) 3 Cal.5th 961, 990.)
Necessary Waiver Colloquy. Advisement on the basic mechanics of a jury trial “including but not necessarily limited to the facts that (1) a jury is made up of 12 members of the community; (2) a defendant through his or her counsel may participate in jury selection; (3) all 12 jurors must unanimously agree in order to render a verdict; and (4) if a defendant waives the right to a jury trial, a judge alone will decide his or her guilt or innocence.” (People v. McCray (2023) 98 Cal.App.5th 260.)