Babb v. State

OWEN, WILLIAM C., Jr., Senior Judge.

Ronald Babb, charged with multiple felonies, pled not guilty and requested trial by jury. He was tried by a jury on three counts but, at the request of his counsel, was tried by the court on the fourth count, possession of a firearm by a convicted felon. He was convicted on all counts and brings this direct appeal. The absence from the record of a valid waiver of Babb’s right to jury trial on the count for possession of a firearm by a convicted felon requires that we reverse the judgment and sentence, as to that count only, and remand for a new trial.

A…