Ayala v. State

I dissent because this case is being reversed based on an argument that appears for the first time in appellant’s reply brief.

The appellant in this case did not receive a trial, jury or otherwise, because the circuit court involuntarily dismissed appellant’s appeal from district court upon his failure to attend a pretrial hearing. Appellant filed a motion to reconsider asserting that his appeal was wrongly dismissed based on the allegation that he had not received notice of the hearing. In his opening brief, appellant argues that he did not waive his right to a jury trial by failing to appear…