GARCIA v. PEOPLE

No. 79SC321.

615 P.2d 698 (1980)

Ustacio F. GARCIA, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

August 25, 1980.


Attorney(s) appearing for the Case

J. Gregory Walta, Colo. State Public Defender, Robert L. Pastore, Deputy State Public Defender, Denver, for petitioner.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Robert C. Lehnert, Asst. Atty. Gen., Denver, for respondent.


HODGES, Chief Justice.

This court granted certiorari to review a district court's affirmance of petitioner Garcia's conviction on a misdemeanor charge in county court after a trial by jury. The sole issue is whether the county court erred in denying the petitioner's oral request to waive his constitutional right to a trial by jury. We reverse the district court's judgment affirming the petitioner's conviction.

The stipulated facts are that the petitioner made...

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