Hayes v. State, F--75--163
| Decision Date | 01 October 1975 |
| Docket Number | No. F--75--163,F--75--163 |
| Citation | 541 P.2d 210 |
| Parties | Tommy Lee HAYES, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Appellant, Tommy Lee Hayes, hereinafter referred to as defendant, was charged in the District Court, Pottawatomie County, Case No. CRF--73--200, for the offense of Driving While Under the Influence of Intoxicating Liquor, second and subsequent offense, in violation of 47 O.S.1971, § 11--902, and in a non-jury trial was tried and convicted for said offense. The trial court fixed his punishment at a term of three (3) years' imprisonment and a fine of One Thousand ($1,000.00) Dollars. From said judgment and sentence a timely appeal has been perfected to this Court.
The defendant contends that he was entitled to a jury trial, and that, although the minutes of the record show that this right was waived, the record does not clearly reflect that the defendant himself validly waived his right to a jury trial and, therefore, his conviction and sentence are constitutionally infirm citing Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491 (1968) and Article III of the United States Constitution, § 2, clause 3, and Amendments Six and Fourteen and Article II of the Oklahoma Constitution, § 20.
The facts necessary for determination of the matter on appeal are as follows. The information was filed on May 29, 1973, charging the defendant with the crime of Driving Under the Influence of Intoxicating Liquor, second and subsequent offense. On the 29th day of June, 1973, the defendant and his attorney, Mr. Floyd Henson, appeared and did affirmatively in open court waive defendant's right to a preliminary hearing. Upon a plea of not guilty, the case was set on disposition docket for the 28th of August, 1973, at which time the case was reset on disposition docket for the 16th of October, 1973. The minute for the 16th of October, 1973, reflects the following, 'jury waived.' The case was reset at this time for May 16, 1974. On the 16th of May, 1974, the case was continued whereafter on the 9th day of July, 1974, the cause was reset for non-jury trial on July 26. On July 26, 1974, the cause was passed to July 30 at which time defendant made a request for a jury trial with said request overruled. Whereupon the cause was tried before Judge Floyd Henry and defendant was convicted as charged.
An appropriate inquiry raises the question of how one accused of a crime may effectuate a valid waiver of trial by jury. After extensive research of State and federal law on this area we feel constrained to examine the methods by which we feel an accused may waive trial by jury. The methods discussed will presume the court and the State also consents to the accused waiving trial by jury. See, Crawford v. State, Okl.Cr., 536 P.2d 988 (1975) and Morrison v. State, 31 Okl.Cr. 11, 236 P....
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Cooper v. State, F-92-533
...626 P.2d 327, 328 (Okl.Cr.1981), concerns itself with section 1162 of Title 22, dealing with sanity, not competency. Hayes v. State, 541 P.2d 210, 212 (Okl.Cr.1975) deals with a valid waiver of trial by Here, Appellant was not speaking to his attorneys. Under the circumstances, they did the......
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Walker v. State
...we have recognized that a defendant may waive his right to a jury trial. See Hatch v. State, 662 P.2d 1377 (Okl.Cr.1983); Hayes v. State, 541 P.2d 210 (Okl.Cr.1975). The conclusion then, that if a defendant can waive a jury trial in its entirety he may also waive any part of a jury trial, i......
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