Opinion
NOT TO BE PUBLISHED
Appeal from a judgment of the Superior Court of Orange County, Super. Ct. No. 04CF2056, Susanne S. Shaw, Judge.
John Ward, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Eric A. Swenson, Deputy Attorneys General, for Plaintiff and Respondent.
OPINION
SILLS, P. J.
Hector Tenorio appeals from the judgment sending him to prison for two years after a court trial in which he was found guilty of robbing a pizza delivery man. Tenorio contends he was deprived of his constitutional right to a trial by jury, and unfortunately, he is right as conceded by the Attorney General. Thus, we reverse the judgment and remand the matter for retrial.
WE CONCUR: MOORE, J., IKOLA, J.