State v. Barber

GILLETTE, J.,

In this criminal case, defendant was convicted of burglary and theft in a trial that was conducted by the court on stipulated facts. With respect to that trial, the record does not contain either a written waiver of defendant’s right to a jury trial or some other indication that defendant executed such an agreement. Defendant appealed his convictions to the Court of Appeals, arguing, among other things, that the lack of a written waiver invalidated those convictions. The Court of Appeals agreed that the lack of a written waiver violated defendant’s rights under Article I, section…