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P. JURY TRIAL, WAIVER OF Brown v. State, A16A0390, ___ Ga.App. ___, ___ S.E.2d ___, 2016 WL 1739371 (May 3, 2016). Theft by taking convictions affirmed; waiver of jury trial was valid, and no error in refusing to allow defendant to withdraw it. 1. Waiver. “The trial court engaged in an extensive colloquy with Brown prior to the execution of his waiver and informed Brown of his rights and the effect of the waiver of those rights. Contrary to Brown’s statement that his then counsel had assured him the State was seeking only restitution, the trial court informed Brown of the possible punishments he was facing, and Brown acknowledged his understanding of those possible punishments. Brown stated clearly that he understood that he was waiving the right to have his case heard by a jury and that a judge would try his case, and that he also understood that there was a possibility he could be sentenced to a maximum of 12 years if he were convicted, after which he reaffirmed he wanted to waive a jury trial. The trial court also asked Brown if he had been promised anything, threatened or coerced into waiving his rights, and Brown responded ‘No, sir.’ Brown signed a consent waiver form following the hearing, in which he reaffirmed his knowledge of the rights he was waiving and that the judge would impose sentence on him if he was found guilty. Accordingly, the record demonstrates that Brown voluntarily, knowingly, and intelligently waived his right to a jury trial.” 2. Withdrawal. “A defendant may revoke a prior waiver of trial by jury as long as the defendant exercises his right to revoke the waiver in a timely manner and ‘in such season as not substantially to delay or impede the cause of justice.’ Cain v. State, 102 Ga. 610, 612, 29 S.E. 426 (1897). As the trial court noted in denying the motion, Brown’s case had been pending for four years by the time of trial, and Brown had waited until the morning of trial when witnesses were present to seek to revoke his waiver.” Cooper v. State, 334 Ga.App. 10, 778 S.E.2d 23 (September 25, 2015). Drug convictions affirmed. Trial court properly found knowing and voluntary waiver of right to jury trial. “At the evidentiary hearing in this case, the state introduced a written waiver of the right to a jury trial signed by Cooper and his attorney. On the written waiver, Cooper acknowledged that he understood the offenses charged, the maximum possible sentence for those charges, his right to a jury trial and the various rights associated with a jury trial. On the document, Cooper expressly waived his right to a jury trial and requested that his case instead be set for trial before the court, stating that he understood that in such a trial the court would ‘decide[ ] the issues in the case without a jury present.’ … Based on our review of the record, we conclude that the trial court did not err in determining “that the [s]tate fulfilled its burden of demonstrating that [Cooper] personally, voluntarily, knowingly, and intelligently waived his right to a jury trial. [Cits.]” Green [ v. State, 331 Ga.App. 801, 808(3), 771 S.E.2d 518 (2015)].” Green v. State, 331 Ga.App. 801, 771 S.E.2d 518 (March 30, 2015). Burglary conviction affirmed; record supported finding that defendant waived right to jury trial. “Here, the record shows that Green signed a ‘Consent for Trial Before Judge and Waiver of Right to a Jury Trial.’ This document was filed with the trial court one day before Green's trial, and the same day on which it was signed. It was signed by Green and his attorney and acknowledged that he had a right to a trial by a jury of 12 persons, the right to a unanimous verdict, and the right to be determined guilty beyond a reasonable doubt by the jury. It stated that he voluntarily and ‘upon his own free will and accord’ was signing the consent form and giving up his right to a trial by jury and consenting to the trial judge determining his guilt or innocence. Finally, it stated that no one forced or threatened him to sign the consent form. At the beginning of the trial, the trial court stated, “We're here for a bench trial. Both defendants have waived their jury trial.’” Hulett v. State, 296 Ga. 49, 766 S.E.2d 1 (October 20, 2014). Capital murder and related convictions affirmed; no ineffective assistance by counsel in sentencing phase. Counsel properly acceded to defendant’s desire to waive his jury trial right at sentencing phase, as “Hulett did not want a life or a life without parole sentence if he were convicted and felt that a jury was less likely than the trial court to give him a death sentence. [Trial counsel] Moore also explained that he and [co-counsel] Hill had had several lengthy conversations discussing ‘the process’ with Hulett, including ‘the role the jury has, the entire issue of mitigation, what mitigation is[,] ... [and] how all that comes together.’ Moore told the trial court that Hulett had been found competent to stand trial by the defense's forensic psychiatrist, and he also expressed his own belief that Hulett was intelligent and competent and that he understood the proceedings. Finally, Moore stated that, although ‘[t]his was not the attorney's idea,’ they were ‘representing [Hulett] in his case, [and] this [wa]s his choice.’ See Head v. Thomason, 276 Ga. 434, 439(4), 578 S.E.2d 426 (2003) (‘Whether to waive a jury trial is a strategic decision to be made by an accused after consultation with counsel.’)” Oliver v. State, 325 Ga.App. 649, 753 S.E.2d 468 (January 27, 2014). Aggravated stalking conviction affirmed; record supported finding that defendant personally waived right to jury trial and consented to bench trial. “[N]early two weeks before her scheduled trial, Oliver's counsel filed a waiver of jury trial, which both Oliver and her counsel signed. And at
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