Winchel v. State

GRIMES, Judge.

This case concerns the waiver of appellant’s right to a jury trial.

Appellant was charged with attempted robbery with a weapon and possession of a controlled substance. At the opening of trial, appellant was not present in the courtroom. The following colloquy occurred:

MR. FOGLEMAN [State Attorney]: I ASK THAT THE DEFENDANT BE SEATED AT DEFENSE TABLE.

MR. BRANNING [Defense Attorney]: I AM SORRY. I WILL GET HIM. I APOLOGIZE FOR THE DELAY.

THE COURT: MR. BRANNING, YOU HAVE WAIVED A JURY IN THIS CASE, IS THAT CORRECT?

MR. BRANNING: YES.

THE COURT: MR. FOGLEMAN, HAVE YOU AGREED TO THAT?

MR…