Ayala v. State

John Mauzy Pittman, Chief Judge.

Appellant in this criminal case was convicted in district court of harassment. He appealed to circuit court and requested a jury trial. The circuit court dismissed the appeal on the grounds that appellant’s attorney failed to appear at a pretrial hearing. Appellant’s attorney filed a motion for reconsideration asserting that he never received notice of the pretrial hearing. The trial court took no action. On appeal, appellant argues that the trial court erred in dismissing his appeal because to do so denied him his right to a jury trial without the express and…