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STATE v. TLAPA

No. C6-01-1393.

642 N.W.2d 72 (2002)

STATE of Minnesota, Respondent, v. Ruben Perez TLAPA, Appellant.

Court of Appeals of Minnesota.

April 9, 2002.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, James B. Early, Assistant Attorney General, St. Paul; and Douglas J. Christian, Le Sueur County Attorney, Le Center, for respondent.

John M. Stuart, State Public Defender, Sharon E. Jacks, Assistant State Public Defender, Minneapolis, for appellant.

Considered and decided by WILLIS, Presiding Judge, SHUMAKER, Judge, and PARKER, Judge.

OPINION

GORDON W. SHUMAKER, Judge.

Appellant was charged with sex crimes punishable by incarceration. His attorney stated that appellant waived his right to trial by jury. The district court accepted the waiver, although appellant did not personally waive that right either in writing or orally on the record in open court. Therefore, the district court failed to comply with the jury-trial waiver requirement of Minn. R.Crim. P. 26.01, subd. 1(2)(a), and the...

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