State v. Krankovich

Citations

• 2021 Ohio 4297

Syllabus

CRIMINAL LAW – petty offenses aggravated menacing, a misdemeanor of the first degree resisting arrest, a misdemeanor of the second degree not guilty plea Appellant demanded a trial by jury in writing on three separate occasions the trial court initially set the matter for a trial by jury however, notwithstanding Appellant's demands and the scheduled trial by jury, the trial court conducted a bench trial Appellant was found guilty on both charges and sentenced to jail, which was stayed pending appeal Sixth Amendment a criminally accused is guaranteed the right to a trial by jury Crim.R. 23(A) R.C. 2945.05 the trial court erred in conducting a bench trial because Appellant demanded a trial by jury and Appellant never waived that right the trial court was without jurisdiction to conduct a bench trial Appellant's alternative sufficiency and manifest weight of the evidence assignments of error are moot App.R. 12(A)(1)(c) because Appellant was denied her right to a trial by jury, we vacate Appellant's conviction and sentence, reverse the judgments of the trial court, and remand for a new trial.