Rice v. People

The defendants were convicted in a trial to the court of menacing with a deadly weapon in violation of section 18-3-206, C.R.S. 1973. The court of appeals affirmed the convictions, 37 Colo. App. 346, 551 P.2d 1081 (1976), holding inter alia that there had been an effective waiver of the right to a jury trial. We granted certiorari and we now reverse the court of appeals.

Crim.P. 23(a)(5) provides:

“Except as to class 1 felonies, the person accused of a felony or misdemeanor may waive a trial by jury by express written instrument filed of record, or by his announcement in open court appearing of…