State v. West

Defendant appeals his conviction by court of domestic assault in violation of 13 V.S.A. § 1042. He argues that (1) his jury trial waiver was invalid because the court failed to comply with V.R.Cr.E 23(a), and (2) the evidence was insufficient to support the conviction. We conclude that defendant’s conviction is supported by the evidence, but we reverse and remand for a new trial because his waiver of his right to trial by jury was invalid.

I

Double jeopardy concerns require that we first address whether the evidence was sufficient to support defendant’s conviction. State v. Durenleau, 163 Vt.…