Gerald Walker v. State

CONFESSION OF ERROR

CIKLIN, J.

The appellant, Gerald Walker, appeals his judgment and sentence, entered after the trial court held a non-jury trial without obtaining a waiver of jury trial from Walker. We accept the state’s confession of error and reverse and remand for new trial.

Walker was indicted for first-degree murder with a firearm. While trial was pending, he was found incompetent to stand trial and, in 1997, was committed to the Department of Health and Rehabilitative Services. More than a decade later, Walker was then adjudged competent to stand trial.

During a status hearing after…