People v. Epps

MOSK, J.

I dissent.

In People v. Cahill (1993) 5 Cal.4th 478, 501 [20 Cal.Rptr.2d 582, 853 P.2d 1037], this court recognized that a trial court’s “denial of [a] defendant’s right to a jury trial” is error reversible per se.

The scope of the jury trial that the superior court denied defendant may indeed have been rather limited. But the act by which it effected its denial was altogether egregious.

The Court of Appeal made no effort to salvage the superior court’s' judgment. Neither will I.

I would affirm the judgment of the Court of Appeal.