STATE v. WHITAKER

No. SD 33849.

508 S.W.3d 165 (2016)

STATE of Missouri, Respondent, v. Jessie Lee WHITAKER, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

FILED: October 25, 2016.


Attorney(s) appearing for the Case

Appellant's attorney: Margaret M. Johnston.

Respondent's attorneys: Chris Koster and Evan J. Buchheim.

(Before Lynch, P.J., Rahmeyer, J., and Scott, J.)


Jessie Whitaker appeals his bench-trial conviction for forcible rape, charging plain error in the court's finding that he waived his right to jury trial as part of a polygraph agreement with the prosecutor. Because the record does not demonstrate with unmistakable clarity that Whitaker waived this right, we reverse and remand.

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