State v. Burnside

Froelich, Judge.

{¶ 1} Paul A. Burnside was convicted of felonious assault after a bench trial before a visiting judge in the Montgomery County Court of Common Pleas. The court sentenced him to five years of community control. Burnside appeals from his conviction, claiming that he did not validly waive his right to a jury trial and that his case was not properly assigned to a visiting judge. For the following reasons, the trial court’s judgment will be reversed, and the matter will be remanded for a new trial.

I

{¶ 2} In September 2008, Burnside was indicted for felonious assault by means of a…