State v. Watkins

The State appeals from the trial court's order dismissing the case against the appellee, Rico L. Watkins, for lack of prosecution.

The State argues that the trial court erroneously dismissed the case against the appellee after it refused to consent to the appellee waiving his right to a trial by jury. The appellee was indicted for second-degree domestic violence, a violation of §13A-6-131, Ala. Code 1975. On November 30, 2004, the following occurred:

"THE COURT: Did y'all work the other case out?

"[PROSECUTOR SHADDRIX]: No, Your Honor.

"THE COURT: Let's try it non-jury. Okay. Get at the table.

"[PR…