WEIMER, Justice.
We granted certiorari to resolve a dispute as to the proper application of La. Const. art. I, § 17 in the factual setting of this case. Article I, § 17 was amended in 2010 to provide that "[e]xcept in capital cases, a defendant may knowingly and intelligently waive his right to a trial by jury but no later than forty-five days prior to the trial date and the waiver shall be irrevocable."
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