State v. Simmons
State v. Simmons
74 So. 3d 711; 2011 WL 5120681
(Southern Reporter, Third Series)
State v. Simmons
Opinion
STATE of Louisiana
v.
James SIMMONS.
Supreme Court of Louisiana.
Granted. Although the Defendant did not make a jury waiver "no later than 45 days prior to trial," the State did not object and the case proceeded to trial, ending in a mistrial. The ruling of the trial court allowing the Defendant to revoke his irrevocable waiver of a jury trial is therefore reversed, and the case is remanded to the trial court for a bench trial.
JOHNSON and WEIMER, JJ., would grant and docket.
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