Jackson v. State
| Decision Date | 19 December 1994 |
| Docket Number | No. 49A02-9404-CR-239,49A02-9404-CR-239 |
| Citation | 644 N.E.2d 595 |
| Parties | Christopher JACKSON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
| Court | Indiana Appellate Court |
Appellant-defendant Christopher Jackson appeals from his conviction for battery, a Class A misdemeanor. The facts relevant to this appeal disclose that on August 3, 1993, Jackson was charged with the battery of Pamelar K. Bullock on August 2, 1993, which resulted in bodily injury to Bullock, specifically a cut above her left eye requiring stitches. At Jackson's initial hearing, Jackson was presented with a form entitled "Municipal Court of Marion County Initial Hearing Rights." Jackson signed and dated this form. When the trial court asked Jackson whether he understood his rights, Jackson replied affirmatively. Subsequently, a bench trial was held. Jackson was found guilty and he was convicted as charged. He now appeals.
The sole issue presented for our review is: whether Jackson was adequately advised of his right to trial by jury and of the provision within Ind.Crim.Rule 22. Specifically, Jackson contends that the written advisement was insufficient to advise him of his right to a jury trial or of Crim.R. 22.
The right to a jury trial is guaranteed by the Indiana and United States Constitutions. Duncan v. Louisiana (1968), 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491; Belazi v. State (1988), Ind.App., 525 N.E.2d 351, trans. denied; U.S. Const. amend. VI; Ind. Const. art. I § 13. In Indiana, the right to a jury trial is further guaranteed by IND.CODE § 35-37-1-2 which provides that all criminal trials be tried to a jury unless there is a joint waiver by the defendant, the prosecutor, and the trial judge.
Jackson, however, was charged with a misdemeanor. The right to a jury trial in cases involving misdemeanor charges is controlled by Crim.R. 22. In pertinent part the rule provides:
Crim.R. 22. Thus, a defendant can waive his right to a jury trial by failing to make a timely demand. Belazi, 525 N.E.2d at 352. Although a defendant must be advised of his constitutional right to a jury trial, a written advisement of his rights and the consequences of failure to make a timely demand is sufficient. Combs v. State (1989), Ind.App., 533 N.E.2d 1241, 1242; Belazi, 525 N.E.2d at 352; see also Liquori v. State (1989), Ind.App., 544 N.E.2d 199, 202.
In the present case, during the initial...
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