Carleton v. State

Sognier, Judge.

Appellant was convicted of two counts of driving under the influence of alcohol. On appeal he contends the trial court erred by requiring appellant to stand trial without a jury after a trial by jury had been timely demanded in writing.

At appellant’s arraignment on December 15, 1984 he was not represented by counsel and he did not demand a trial by jury. Trial was scheduled for December 19, 1984 and on December 17, 1984 appellant retained counsel, who filed a written demand for trial by jury the same date. When appellant’s cases were called for trial his counsel announced that…