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Cooper v. State

The State had not yet had the opportunity to rebut the defendant's argument, raised for the first time on appeal, that the trial court erred in conducting a bench trial without first determining whether he waived his right to a jury trial.

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Following a bench trial, a Bulloch County judge found DeMarco Montez Cooper guilty of four counts of selling cocaine, OCGA § 16-13-30 b Counts 1, 4, 7, and 9; five counts of distributing cocaine within 1,000 feet of a public housing project, OCGA § 16-13-32.5 b Counts 2, 5, 8, 10, and 14; three counts of using a communication facility in committing or facilitating the commission of a felony sale of cocaine, OCGA § 16-13-32.3 a Counts 3, 6, and 11; possession of cocaine with intent to distribute, OCGA § 16-13-30 b Count 12; and possession of a counterfeit controlled substance, OCGA § 16-13-30 i 1 Count 13. Cooper appeals from the order denying his motion for a new trial, challenging the sufficiency of the evidence and contending that the trial court erred in conducting a bench trial without first determining whether he had waived his right to a jury trial. Cooper also moved this Court to remand his case so that he could pursue a claim of ineffective assistance of trial counsel. For the following reasons, we vacate the judgments of conviction and remand to the trial court for proceedings consistent with this opinion.

1. Cooper contends that the trial court erred in conducting a bench trial without first determining that he voluntarily, knowingly, and intelligently waived his right to a jury trial.

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