State v. Downs

Durham, A.C.J.

Donald Downs appeals his conviction of five counts of statutory rape on the basis that he did not effectively waive his constitutional right to trial by jury.

At a pretrial hearing held on November 12, 1981, Downs waived his right to an omnibus hearing, and signed a form waiving his right to trial, within 90 days. Downs and his attorney also signed a printed form stating that Downs consented to be tried without a jury? It does not appear that the trial judge orally apprised Downs of his right to a jury trial or of the consequences of its waiver.

Downs argues that he did not…