Green v. State

OPINION

FROST, Justice.

This is an appeal from the trial court’s denial of a request to withdraw a waiver of jury trial. Charged with the third degree felony of retaliation, appellant, Kenton D. Green, filed a waiver of his right to jury trial and later requested a withdrawal of that waiver. The trial court refused his request. After a bench trial, the court found appellant guilty and sentenced him to ten years’ confinement. Appellant now complains the trial court abused its discretion in refusing to allow withdrawal of his jury waiver. We reverse and remand.

I.Factual and ProcedüRal Background

Ap…