State v. Wright

Leben, J.;

This case presents the question of whether a criminal defendant is entitled to a jury trial in a trial de novo before a district judge when a jury trial was previously afforded in a trial before a district magistrate judge. We answer in the affirmative and remand for a juxy trial before a district judge.

The defendant, David Lynn Wright, was convicted in a trial before a magistrate judge of disturbing the peace, battery of a law enforcement officer, obstruction of legal process, fleeing and eluding, reckless driving, and running a stop sign. About 3 weeks before trial, the defendant…