State v. Henderson

McCORMICK, Justice.

We granted discretionary review of the trial court’s order overruling defendant Rodrick D. Henderson’s motion for bench trial on a charge of willful injury under § 708.4, The Code. We must decide whether Iowa R.Crim.P. 16(1) gives a defendant an absolute right to waive a jury and be tried by the court. The trial court held it does not. We hold that it does and therefore reverse.

Rule 16(1) provides: “Trial by court allowed. Cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in a recorded proceeding in open court.” In this case…