Chandler v. State

Section 15-18-22, Code of Ala. 1975, provides:

“In all cases in which a statute authorizes or provides that the jury may fix or impose punishment or penalties of any kind, if the case is tried by the court without a jury, the court or judge trying the case may fix or impose any punishment or penalties which the jury might fix or impose if the case were being tried by a jury.”

It is therefore my opinion that § 15-18-22, upon which the majority opinion is founded, applies where there is a timely and proper demand for a jury trial, but does not apply in cases where a jury trial is waived, either…