Bostic v. State

Mikell, Judge.

After a bench trial, Alfred Saxton Bostic was convicted of trafficking in cocaine and possession of a firearm during the commission of a felony. Appealing the denial of his motion for new trial, Bostic argues that he did not knowingly and intelligently waive his right to a jury trial and that the state withheld discoverable evidence. Having found no evidence in the record that Bostic waived his right to a jury trial, we reverse the conviction and remand for a new trial.

1. “When an accused questions the purported waiver of his right to a jury trial, the State must show on the…