State v. Rutledge

CRIST, Judge.

Defendant appeals from a jury conviction of the Class A misdemeanor of assault in the third degree. He was sentenced to one year in the county jail. We affirm.

The prosecutor and defense attorney thought the trial judge would assent to a bench trial because of a telephone conver*691sation between the three, but eight days before the trial date, the trial judge notified the prosecutor and defense counsel he would not assent to a bench trial.

On the day of trial, defendant’s lawyer filed a waiver of jury trial which was denied. He then filed a motion for continuance on the ground he had…