People v. Linton

*65The district attorney of El Paso County has prosecuted this appeal to obtain a determination of a matter of law. Section 16-12-102, C.R.S. 1973. He asserts that Crim. P. 23(a)(5) requires tht the consent of the district attorney is in all instances a condition precedent to a defendant’s election to waive a jury trial. We affirm the trial court.

Richard Alan Linton was charged with felony menacing. Section 18-3-206, C.R.S. 1973. He pled not guilty and, prior to trial, filed an express, written waiver of his right to a jury trial. The district attorney objected to the waiver. Thereafter, the…