State v. Olivera

OPINION OF THE COURT BY

RICHARDSON, C.J.

Kenneth Joseph Olivera was indicted for burglary in the first degree. At the arraignment proceeding held on July 28, 1969, Olivera entered a plea of not guilty. In Olivera’s presence, Valta Cook, defense counsel representing Olivera, informed the presiding judge that “we would like a judge to try the case as soon as possible.”1 On August 4, 1969, at the proceeding to set a trial date, at which Olivera was present, Olivera’s counsel concurred in the trial judge’s state*552ment for the record that “a demand for jury-waived trial has been made.”2

A trial by the…