Hanna-Womack v. State

Citation623 N.E.2d 439
Case DateNovember 15, 1993
CourtCourt of Appeals of Indiana

Linda M. Wagoner, Fort Wayne, for appellant-defendant.

Pamela Carter, Atty. Gen., Joseph F. Pieters, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee-plaintiff.

STATON, Judge.

Racene Hanna-Womack appeals her conviction on two counts of dealing marijuana, a class A misdemeanor. 1 On appeal, Hanna-Womack raises three issues for our review, only one of which we must address. The issue dispositive of this appeal is whether Hanna-Womack knowingly and voluntarily waived her right to a jury trial.

We reverse and remand for a new trial.

The facts most favorable to the judgment reveal that on two separate occasions in October 1991, a confidential police informant went to Hanna-Womack's apartment and purchased marijuana. Hanna-Womack was subsequently arrested, charged and convicted after a bench trial of two counts of dealing marijuana.

Because Hanna-Womack was charged with misdemeanor offenses, Indiana Criminal Rule 22 applies, stating in pertinent part:

A defendant charged with a misdemeanor may demand a trial by jury by filing a written demand therefore not later than ten (10) days before his first scheduled trial date. The failure of a defendant to demand a trial by jury as required by this rule shall constitute a waiver by him of trial by jury ...[.]

In applying this rule, this court has stated:

Our decisions have consistently held that it is fundamental error for a court to deny a defendant a jury trial without eliciting a waiver from him personally. A valid waiver cannot be made pursuant to C.R. 22 in the absence of an advisement by the trial court of the consequences of a failure to demand a trial by jury not later than ten days prior to the trial date. 2

Vukadinovich v. State (1988), Ind.App., 529 N.E.2d 837, 839. The court of appeals cannot infer a knowing and intelligent waiver from a record that does not demonstrate the defendant's personal choice. Zakhi v. State (1990), Ind.App., 560 N.E.2d 683, 685.

A careful reading of the record reveals that Hanna-Womack's right to jury trial was briefly addressed by the trial court on two occasions. At her initial hearing, the trial court read Hanna-Womack a statement of rights, which contained the following passage:

You do have the right to a speedy and public trial by court or by jury in the county in which the offense was allegedly committed.

Record, p. 66. Hanna-Womack's right to jury trial was again summarily mentioned at the pre-trial hearing, in which the trial judge stated:

... I'm going to, ah, set this matter for a trial then. Ah, since these are misdemeanors they would be set for bench trial then unless a jury trial were, were [sic] demanded.

Record, p. 76. Nothing...

To continue reading

Request your trial
8 cases
  • Horton v. State
    • United States
    • Supreme Court of Indiana
    • April 21, 2016
    ...703 N.E.2d 701, 704 (Ind.Ct.App.1999) ; Greene v. State, 670 N.E.2d 38, 40 (Ind.Ct.App.1996), trans. denied; Hanna–Womack v. State, 623 N.E.2d 439, 440 (Ind.Ct.App.1993) ; Carr v. State, 591 N.E.2d 640, 641 (Ind.Ct.App.1992) ; Zakhi v. State, 560 N.E.2d 683, 684 (Ind.Ct.App.1990) ; Shady v.......
  • Eldridge v. State
    • United States
    • Court of Appeals of Indiana
    • January 27, 1994
    ...new trial. FRIEDLANDER, J., concurs. SULLIVAN, J., concurs. 1 See IC 35-42-2-1 (1988).2 See IC 35-42-2-2 (1988).3 In Hanna-Womack v. State (1993), Ind.App., 623 N.E.2d 439, this court addressed the question of "whether Hanna-Womack knowingly and voluntarily waived her right to a jury trial.......
  • Fiandt v. State
    • United States
    • Court of Appeals of Indiana
    • October 11, 2013
    ...of the consequences of a failure to demand a trial by jury not later than ten days prior to the trial date.’ ” Hanna–Womack v. State, 623 N.E.2d 439, 440 (Ind.Ct.App.1993) (quoting Vukadinovich v. State, 529 N.E.2d 837, 839 (Ind.Ct.App.1988)). And we have long recognized, in the context of ......
  • Duncan v. State
    • United States
    • Court of Appeals of Indiana
    • September 28, 2012
    ...(noting as an initial matter that a represented defendant was not fully informed), trans. denied; Hanna–Womack v. State, 623 N.E.2d 439, 440 (Ind.Ct.App.1993) (noting that the defendant was not fully informed by the court and that there was also no indication that she was informed by her co......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT