Pirkle v. State

Beasley, Chief Judge.

Pirkle was charged with four counts of pointing a gun at another (OCGA § 16-11-102). Proceeding pro se, he was tried and convicted in an unreported bench trial. He then retained counsel and moved for a new trial, alleging he had not made a knowing and intelligent waiver of his right to jury trial. Ga. Const. 1983, Art. I, Sec. I, Par. XI; OCGA § 9-11-38. He appeals the denial of that motion.

“ ‘Although a jury trial may constitutionally be waived, the defendant must personally and intelligently participate in the waiver. Patton v. United States, 281 U. S. 276 (50 SC 253,…