People v. Smith

Following a bench trial, defendant was convicted of second-degree criminal sexual conduct, MCL 750.520c(l)(a); MSA 28.788(3)(l)(a), and was sentenced to three years’ probation, with seven days to be served in jail. She appeals as of right. We reverse.

Defendant’s assertions that she never waived the right to a jury trial on the record or signed a written waiver are not supported by the record. A review of the circuit court docket sheet indicates that defendant waived the right to a jury trial on the record in open court. Additionally, the circuit court file contains a written waiver form…