Perry v. State

OPINION OF THE COURT

M. HILL, Circuit Judge.

Appellant, PHILLIP PERRY, appeals a judgment and sentence *75entered by the County Court of Marion County after a nonjury trial finding him guilty of Driving Under the Influence of Alcohol and Driving While License Suspended. Appellant complains that the trial court improperly found that appellant waived his right to a jury trial and thereby forced appellant into a nonjury trial. The State argues that the appellant’s right to a jury trial was affirmatively waived soon after his arrest and therefore the trial court’s decision to force the defendant to…