Robinson v. Commonwealth

BENTON, Judge.

The sole issue presented by this appeal is whether Clifton Elliot Robinson waived his right to a jury trial. Because the record fails to prove a voluntary waiver, we reverse the conviction and remand for a new trial.

I

A grand jury indicted Robinson for the felony of aggravated sexual battery in violation of Code § 18.2-67.3. On the day of trial, Robinson’s attorney moved for a continuance because a' witness, whom he had expected to appear without a subpoena, was not present. The trial judge denied the motion for a continuance, adding that if he later determined the testimony of…