State v. Clark

1 SULLIVAN, J.

This matter is before us on remand from the supreme court. In our prior opinion, State v. Clark, 97-1064 (La.App. 3 Cir. 4/1/98); 711 So.2d 738, we found the evidence sufficient to support Defendant’s conviction of D.W.I., fourth offense, but we noted as a patent error the absence of a waiver of trial by jury in the record. Without affirming or reversing Defendant’s conviction, we remanded the case for an evidentiary hearing on whether Defendant knowingly and intelligently waived this right. The State sought a writ from the supreme court, attaching to its application a…