STATE v. WEST

No. 94-231.

667 A.2d 540 (1995)

STATE of Vermont v. Shawn L. WEST.

Supreme Court of Vermont.

September 1, 1995.


Attorney(s) appearing for the Case

Scot Kline, Chittenden County State's Attorney and Pamela Hall Johnson, Deputy State's Attorney, Burlington, for plaintiff-appellee

Robert Appel, Defender General and William A. Nelson, Appellate Defender, Montpelier, for defendant-appellant

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


DOOLEY, Justice.

Defendant appeals his conviction by court of domestic assault in violation of 13 V.S.A. § 1042. He argues that (1) his jury trial waiver was invalid because the court failed to comply with V.R.Cr.P. 23(a), and (2) the evidence was insufficient to support the conviction. We conclude that defendant's conviction is supported by the evidence, but we reverse and remand for a new trial because his waiver of his right to trial by jury was invalid.<...

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