Birdette v. State

Miller, Judge.

Following a bench trial, Lorenzo Birdette was convicted of rape (OCGA § 16-6-1 (a) (1)).1 Birdette now appeals from the denial of his *247motion for new trial, arguing that he did not knowingly, intelligently, and voluntarily waive his right to a jury trial. We discern no error and affirm.

We will affirm a trial court’s decision that an appellant has validly waived his right to a jury trial unless the decision is clearly erroneous. Jacobs v. State, 299 Ga. App. 368, 370 (1) (683 SE2d 64) (2009).

The record shows that prior to opening statements at the bench trial, the trial judge…