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COA: Man didn't personally waive right to jury

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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.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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