State v. Raikes

McAnany, J.:

Shane Raikes was convicted in a bench trial of possession or control of a hallucinogenic drug after he failed to complete tire drug court diversion program. He appeals, claiming he was denied his right to a juiy trial. Because of the clear imperative announced in our Supreme Court’s decision in State v. Irving, 216 Kan. 588, 533 P.2d 1225 (1975), we conclude that Raikes’ written waiver of his right to a jury trial in his diversion agreement was insufficient in and of itself to support a waiver of his constitutional right to trial by jury. We recognize that the consequence of this…