People v. Braxton

Defendant was convicted of first-degree criminal sexual conduct, MCL 750.520b(l)(f); MSA 28.788(2)(l)(f), in a bench trial. The only question on appeal is whether defendant properly waived his constitutional right to be tried by a jury.

On January 26, 1977, defendant and his attorney executed before a court clerk a document waiving a jury trial. The form signed is that required by the statute. MCL 763.3; MSA 28.856. Trial began over a month later, March 8, 1977. At that time, the trial court stated: "Let the record show the defendant has executed a written waiver of trial by jury.” There was…