People v. Scott

The sole issue for consideration by this court is whether a written waiver alone validly waives a defendant’s right to a jury trial. We hold that it does not.

Defendant executed a written jury waiver in his attorney’s office, which was later filed outside of defendant’s presence. Thereafter, on the day of trial and in defendant’s presence, the following exchange occurred between his attorney and the trial judge:

“MR. WILLIAMS [defendant’s counsel]: And we would proceed to the bench trial today.

THE COURT: Okay, Defendant files motion to dismiss. States Attorney given two weeks to file responsive…