State v. Larraco

Hill, J.:

Gonzalo Larraco was tried and convicted of several felonies by a judge. A defendant has a fundamental right to a jury trial granted by constitution and by statute. In order to waive this right, a defendant must first be advised by the court of the right to a jury trial and then must personally waive this right, either in writing or in open court for the record. Because defense counsel here simply talked to the judge’s secretary on the telephone and none of the requirements for properly waiving a jury trial were followed, we must reverse Larraco’s convictions and order a new trial.

Furt…