State v. Morton

PREWITT, Judge.

Defendant was convicted of armed robbery following nonjury trial and sentenced to eighteen years imprisonment. He contends that the trial court abused its discretion in not allowing him a jury trial after he had filed a motion to withdraw his waiver of jury trial.

A defendant may waive trial by jury, Rule 27.01(b); State v. Vandiver, 592 S.W.2d 304, 306 (Mo.App.1979), if knowingly and intelligently done. Lyle v. State, 617 *643S.W.2d 403, 405 (Mo.App.1981). The record reflects that defendant knowingly and intelligently waived that right and he does not claim otherwise.

Defendant…