State v. Villareall

Defendant appeals his conviction for two counts of robbery and two counts of kidnapping after a trial to the court. The sole issue on appeal is whether the court erred in denying his motion to withdraw his waiver of the right to a jury trial. We affirm.

Trial was originally scheduled for March 17, 1981. On March 16, defendant executed a written waiver of jury trial. The waiver was not filed then, because the state asked for a continuance due to the absence of two out-of-state witnesses. The trial was reset for April 15. Two days prior to that date a hearing was held to determine whether the…