Johnson v. State

JOHNSON, J.,

filed a dissenting opinion, joined by PRICE and HOLCOMB, JJ.

I respectfully dissent. It is agreed by the parties that there is no signed, written waiver by appellant in the record. Nor is there any record of an oral waiver in open court. There is only a brief reference to the waiver of a jury trial in a pre-printed judgment form: “The Defendant having been duly arraigned, waived trial by jury, pleaded [a blank with NOT GUILTY inserted] to the information herein, and submitted to the court.”

A knowing waiver is an intentional relinquishment or abandonment of a known right or…