State v. Villarreal

Pamela J. Villarreal appeals from a judgment of conviction for second-degree murder by use of a dangerous weapon and from an order denying postconviction relief. The sole issue is whether an express personal waiver of the right to a jury trial was required when Villarreal, in the midst of a jury trial, elected through counsel to remove the dangerous weapon element from jury consideration and have the element determined by the trial court. Because use of a dangerous weapon is an element of the offense for which Villarreal stands convicted, we conclude that, absent an express personal jury…