Whitaker v. State

Phipps, Judge.

Damian Whitaker was convicted at a bench trial of one count of public indecency. He appeals, claiming that (1) the evidence was insufficient to support the verdict, (2) the trial court improperly shifted the burden to him to prove his innocence, (3) his trial counsel was ineffective, and (4) he did not knowingly and intelligently waive his right to a jury trial. Because there is insufficient evidence in the record to show that Whitaker knowingly and intelligently waived his right to a jury trial, we vacate the conviction and remand for the trial court to conduct a hearing on…