Mojica v. State
| Decision Date | 24 September 1993 |
| Docket Number | No. A93A1591,A93A1591 |
| Citation | 210 Ga.App. 826,437 S.E.2d 806 |
| Parties | MOJICA v. The STATE. |
| Court | Georgia Court of Appeals |
Robert L. Rehberger, Stockbridge, for appellant.
Keith C. Martin, Sol., for appellee.
After she was convicted in a bench trial of theft by shoplifting, Joy Ann Mojica filed this appeal. The record shows that Mojica was earlier convicted of this offense, but her conviction was set aside by the trial court sua sponte. Upon retrial of the case, the trial court relied upon the waiver of a jury trial executed prior to her first trial, and, after the trial court denied a motion to allow her counsel to withdraw and a motion for a continuance, the case proceeded to trial and another guilty verdict was returned.
Mojica contends the trial court erred by denying her right to a jury trial, by relying upon her first waiver, by allowing the solicitor to abuse her counsel, and by not permitting her counsel to withdraw from the case. Held:
1. Mojica's first enumeration contends the trial court erred by trying her case without a jury because she did not make a knowing and intelligent waiver of her right to a jury trial. The premise of this argument is that because this waiver of her right to trial by jury was somehow defective, the trial judge in her first trial granted her a new trial. Review of the transcript of the first trial, which is a part of the record of this appeal, shows that the grant of the new trial was not based upon any deficiency in Mojica's waiver of her right to a jury trial. Instead, the argument of her first trial defense counsel focuses on his lack of preparation of her case. Therefore, as the waiver shows that it was executed by Mojica after it was read to her by the trial judge and there is no evidence in the record claiming that she did not understand the right being waived, the trial judge did not err by finding that Mojica had waived her right to a jury trial. See Pahnke v. State, 203 Ga.App. 88, 90, 416 S.E.2d 324. Since the waiver of the jury trial was effective, it was Mojica's burden to revoke the waiver in such fashion so as not to delay the trial or impede the cause of justice. Brumbalow v. State, 128 Ga.App. 581, 197 S.E.2d 380. As Mojica's attempt on the eve of the second trial to revoke the waiver was untimely, it was not effective. Odom v. State, 196 Ga.App. 293, 396 S.E.2d 27; Leggett v. State, 184 Ga.App. 398, 361 S.E.2d 546. Accordingly, the trial court did not err by finding that Mojica had waived her right to a jury trial, and Mojica's first, second, and third enumerations of error are without merit.
2. The fourth enumeration of error contends that the...
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McTaggart v. State
...preparation or that they had conducted their own discovery, instead of relying solely upon the prosecution. See Mojica v. State, 210 Ga.App. 826, 437 S.E.2d 806 (1993); Davis v. State, 204 Ga.App. 657, 420 S.E.2d 349 (1992). Defense counsel failed to reveal that the witnesses had identities......
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Hansen v. State, A96A0809
...burden to revoke the waiver in such fashion so as not to delay the trial or impede the cause of justice. [Cit.]" Mojica v. State, 210 Ga.App. 826(1), 827, 437 S.E.2d 806 (1993). The court did not err in finding this request for jury trial 4. Hansen's motion to strike the State's brief and f......
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Coursey v. State, A06A1602.
...to revoke the waiver in such fashion so as not to delay the trial or impede the cause of justice. [Cit.]" Mojica v. State, 210 Ga.App. 826, 826-827(1), 437 S.E.2d 806 (1993). In light of the foregoing, the trial court did not err in refusing to revoke her waiver of a jury trial. See id. (at......