State v. Rizo

The opinion of the court was delivered by

Johnson, J.:

Javier Rizo appeals his convictions for first-degree felony murder, three counts of aggravated battery, fleeing or attempting to elude a law enforcement officer, and battery. He argues the district court erred by: (1) failing to obtain a knowing and voluntary trial waiver from him before allowing his case to proceed as a bench trial on stipulations, and (2) denying his motion for a departure sentence. We reject both arguments, affirm the jury trial waiver and the fife sentence for felony murder, and dismiss the sentence departure claim.

Factu…