State v. Riddle

Citations

• 2023 Ohio 3037

Syllabus

JURY TRIAL – CRIM.R. 5 – WAIVER – CONTINUANCE – CRIMINAL TRESPASSING – EVIDENCE – SUFFICIENCY – MANIFEST WEIGHT: Defendant waived the requirements of Crim.R. 5(A) because defendant did not raise the court's failure to inform him of his right to a jury trial at his initial hearing in the trial court and was represented by counsel at the initial hearing and informed by counsel of his right to a jury trial. [But see DISSENT: Defendant did not waive the requirements of Crim.R. 5(A) where he requested a continuance to file for a jury trial and informed the court that defense counsel never discussed a bench trial with him, and the court's failure to comply with Crim.R. 5(A) constitutes prejudicial error and invalidates the entire proceeding.] The trial court did not abuse its discretion when it denied the request for a continuance where defendant previously obtained a continuance, both parties were ready to proceed, and the state's witnesses were present. The conviction for criminal trespassing was supported by sufficient evidence and not against the weight of the evidence where the evidence established that defendant had been evicted from the foreclosed home, notified that he had no permission to enter the home, the lockbox had been removed and broken, and defendant was found sleeping in the home.