Tompkins v. State

Fletcher, Chief Justice.

We granted certiorari in this case to consider whether the defendant waived the right to contest the sufficiency of the evidence of venue when he agreed to a bench trial in which the parties presented their evidence by proffer. The Court of Appeals held that the defendant could not challenge the sufficiency of the venue evidence on appeal. Because a defendant may agree to present evidence by proffer, and still require the State to meet its burden of proof, we conclude that the defendant did not waive the right to contest the sufficiency of the evidence of venue on…