Elmore v. State

David Newbern, Justice.

Bobby Joe Elmore, the appellant, was convicted in Carlisle Municipal Court of driving his car left of center in violation of Ark. Code Ann. § 27-51-301 (1987). He appealed to the Lonoke County Circuit Court and sought a jury trial both by written pretrial motion and orally on the day of trial. He was tried by the Court de novo without a jury and convicted. The only issue on appeal here is whether Elmore’s constitutional right to a jury trial was violated. The State concedes Elmore had a right to jury trial in the Circuit Court but argues that we cannot consider the…