State v. Brundy

hi respectfully concur in the result reached by the majority but write separately on the issue of the defendant’s fourth assignment of error: whether the trial court erred in denying his motion for a new trial based on the fact that the defendant was tried without a jury when his waiver was not “by written motion filed in the district court not later than forty-five days prior to the date the case is set for trial” in accordance with La. C.Cr.P. art. 782 B.

The facts on this issue are not in dispute. As stated by the majority, the docket master and minute entries from October 9, 2013 and…