From Casetext: Smarter Legal Research

State v. Parker

The Court of Appeals of Washington, Division Two
Mar 20, 2007
137 Wn. App. 1049 (Wash. Ct. App. 2007)

Opinion

No. 34877-2-II.

March 20, 2007.

Appeal from a judgment of the Superior Court for Thurston County, No. 05-1-00951-2, Richard D. Hicks, J., entered May 18, 2006.

Counsel for Appellant(s), Thomas Edward Doyle, Attorney at Law, Hansville, WA.

Counsel for Respondent(s), James C. Powers, Thurston County Prosecuting Attorney Ofc, Olympia, WA.


Reversed and remanded by unpublished opinion per Hunt, J., concurred in by Houghton, C.J., and Bridgewater, J.


Timothy J. Parker appeals his conviction for possession of methamphetamine. He argues and the State concedes that the record lacks sufficient evidence that he waived his right to a jury trial. Accepting the State's concession, we reverse and remand for a new trial.

FACTS

The State charged Timothy J. Parker with unlawful possession of methamphetamine, contrary to RCW 69.50.4013(1). The trial court denied Parker's motion to suppress evidence, but it did not enter written findings of fact or conclusions of law. Following a bench trial, the court found Parker guilty as charged and entered findings of fact and conclusions of law. The trial court's findings of fact and conclusions of law state that the parties agreed to a bench trial, but they do not state that Parker filed a mandatory written waiver of his constitutional right to a jury trial. Nor does the record on appeal include a written waiver of Parker's right to a jury trial.

Parker appeals.

ANALYSIS

The State has the burden to show that a defendant's waiver of his right to a jury trial is knowing, intelligent, and voluntary; and the record must show that such a waiver occurred. State v. Bugai, 30 Wn. App. 156, 157, 632 P.2d 917 (1981). CrR 6.1(a) incorporates this principle that a criminal defendant's waiver of a jury trial must be in writing.

CrR 6.1(a), entitled "Trial by Jury," provides: "Cases required to be tried by jury shall be so tried unless the defendant files a written waiver of jury trial, and has consent of the court."

In addition, our Supreme Court has held that, since April 12, 1984, a defendant's waiver of his or her constitutionally protected right to a jury trial must be in writing, and the court must indulge every reasonable presumption against waiver of fundamental rights. City of Bellevue v. Acrey, 103 Wn.2d 203, 207, 691 P.2d 957 (1984).

Here, there is no record that Parker filed a written waiver of his right to a jury trial or otherwise expressly agreed to waive his right to a jury trial. Nor does the record show that the trial court or defense counsel discussed jury waiver with Parker before the bench trial. Thus, contrary to CrR 6.1(a) and Acrey, the record does not show that Parker knowingly, intelligently, and voluntarily waived his right to a jury trial. The State concedes this error and we accept.

Accordingly, we reverse Parker's conviction and remand for a new trial.

A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record pursuant to RCW 2.06.040, it is so ordered.

Houghton, C.J., Bridgewater, J., concur.


Summaries of

State v. Parker

The Court of Appeals of Washington, Division Two
Mar 20, 2007
137 Wn. App. 1049 (Wash. Ct. App. 2007)
Case details for

State v. Parker

Case Details

Full title:THE STATE OF WASHINGTON, Respondent, v. TIMOTHY JAMES PARKER, Appellant

Court:The Court of Appeals of Washington, Division Two

Date published: Mar 20, 2007

Citations

137 Wn. App. 1049 (Wash. Ct. App. 2007)
137 Wash. App. 1049