I feel somewhat foolish asking, but, I am certain that the State has a right to demand a jury ONLY in a felony case, but I have a judge who seems to think otherwise, and I can't find the clear authority to answer the question... CCP 1.13 seems to (following the "plain meaning" rationale of Curry-Carr) give the State that right in a misdemeanor case. I'm convinced that's not correct, but where is the authority?

The State has a right to a jury trial in both a felony and misdemeanor case. There is a bill in the current legislative session that attempts to take that right away from prosecutors.

That same bill has been filed in the last two sessions and has failed to pass.

Thanks, John.

Maybe that's where the seed got planted in the back of my head. Sure wasn't from reading the statute or the case law.

-Neel