Balbosa v. State
Balbosa v. State
Opinion of the Court
In our unpublished opinion in Balbosa v. State, 250 Ga. App. XXV (July 25, 2001), we agreed with Balbosa that the State did not meet its burden of showing a valid waiver of the right to a jury trial. We applied a harmless error analysis, however, to affirm Balbosa’s conviction because we found that the evidence was overwhelming. The Supreme Court granted certiorari and, in Balbosa v. State, 275 Ga. 574 (571 SE2d 368) (2002), agreed that Balbosa had not made a valid waiver of his right to a jury trial. The Supreme Court reversed his conviction, however, relying upon recent United States Supreme
Accordingly, our decision in Balbosa v. State is hereby vacated, the judgment of the Supreme Court is made the judgment of this Court, and the judgment of the trial court is reversed.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.