ILNews

COA: Man didn't personally waive right to jury

Back to TopE-mailPrintBookmark and Share

Because the trial court erred in finding a defendant waived his right to have a jury hear the enhancement aspects of his drunk-driving case, the Indiana Court of Appeals reversed his elevated conviction.

In Teddy L. Garcia v. State of Indiana, No. 57A03-0902-CR-75, Teddy Garcia claimed because he didn't personally waive the right to have a jury determine whether he had the requisite previous conviction essential to elevate his operating while intoxicated offense to a Class D felony and to have them determine whether he was an habitual offender, his conviction should be overturned.

Garcia was found guilty of Class A misdemeanor OWI by a jury. Instead of having the jury decide whether he had a previous conviction that could elevate the offense and if he was a habitual offender, Garcia's attorney told the judge they saw no reason to have the jury go through that process. The trial judge enhanced the conviction to a Class D felony and found him to be a habitual substance offender.

Garcia asked the judge if he could explain to the jury about his situation on his past counts of operating while intoxicated and possession of marijuana, which the judge said he could but that the jury would be making its decision only based on his prior convictions, not the circumstances around those convictions.

Based on the exchange between Garcia, his attorney, and the judge, it's apparent he didn't acquiesce in his attorney's representation of a waiver, wrote Senior Judge Patrick Sullivan. Indiana Supreme Court precedent in Kellems v. State, 849 N.E.2d 1110 (Ind. 2008), held that a wavier requires assent to a bench trial by a defendant personally and the record must reflect that wavier was direct and not implied. Also, it held counsel can't waive a client's right to a jury trial.

The appellate court affirmed his Class A misdemeanor OWI conviction, but reversed the Class D felony enhancement and enhancement for being a habitual substance offender. It remanded the issue for further proceedings.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

ADVERTISEMENT