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Seitman v. State

The trial court properly concluded that the defendant made a personal, knowing and intelligent waiver of a jury trial, since she acknowledged her signature on the pleading which clearly waived the jury trial, and trial counsel testified that he and the defendant discussed strategic reasons for waiving the jury trial several times.

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Following a bench trial, Vickie Seitman was convicted of eight counts of serious injury by vehicle and one count of reckless driving.1 Her amended motion for new trial was denied, and she appeals, asserting as her sole enumeration of error that she did not voluntarily, knowingly, and intelligently waive her right to a jury trial. Based on the record and the evidence presented below, however, the trial court’s finding that there was sufficient evidence of a waiver was not clearly erroneous. We therefore affirm.

A criminal defendant must personally and intelligently participate in the waiver of the constitutional right to a trial by jury. When the purported waiver of this right is questioned, the State bears the burden of showing that the waiver was made both intelligently and knowingly, either 1 by showing on the record that the defendant was cognizant of the right being waived; or 2 by filling a silent or incomplete record through the use of extrinsic evidence which affirmatively shows that the waiver was knowingly and voluntarily made.

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