State v. Issa, Unpublished Decision (12-20-2005)
State v. Issa, Unpublished Decision (12-20-2005)
Opinion of the Court
OPINION
{¶ 1} Defendant-appellant, Dek Mohamed Issa, appeals from a judgment of the Franklin County Municipal Court, finding him guilty of one count of criminal damaging.{¶ 2} Appellant was charged in case No. 2004 CRB 017653 with one count of criminal damaging, in violation of R.C.
{¶ 3} Both cases were tried before the court on April 7, 2005. At the close of the state's case, the court sustained appellant's Crim.R. 29 motion as to the criminal damaging charge in case No. 2004 CRB 018906. Following the presentation of all the evidence in case No. 2004 CRB 017653, the court found appellant guilty of criminal damaging, but not guilty as to the disorderly conduct charge.
{¶ 4} On appeal, appellant sets forth the following single assignment of error for review:
THE TRIAL COURT LACKED JURISDICTION TO TRY THE DEFENDANT WITHOUT A JURY WHEN THE DEFENDANT NEVER WAIVED HIS RIGHT TO A JURY TRIAL IN WRITING.
{¶ 5} In his sole assignment of error, appellant contends that the trial court lacked jurisdiction to try him where the record does not show he waived his right to a jury trial in writing.
{¶ 6} R.C.
{¶ 7} In construing the above statutory provision, the Ohio Supreme Court has held that "[e]ven in petty offense cases where a defendant properly demands a jury trial, `it must appear of record that such defendant waived this right in writing in the manner provided by R.C.
{¶ 8} The state concedes on appeal that the requirements of R.C.
{¶ 9} Based upon the foregoing, appellant's single assignment of error is sustained, the judgment of the Franklin County Municipal Court is reversed, and this matter is remanded to that court for further proceedings in accordance with law, consistent with this opinion.
Judgment reversed and cause remanded.
Petree and McGrath, JJ., concur.
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