After a stipulated bench trial, Val Ealey was convicted of trafficking in cocaine, possession of marijuana, and exceeding the speed limit. Ealey appeals, asserting that his waiver of the right to a jury trial was ineffective because it was not voluntary. Specifically, he argues that the court coerced him into waiving his jury trial right by promising him a lighter sentence and an appeal bond if he opted for the bench trial. Under the circumstances presented in this case, we hold that the waiver was not voluntary and the trial court’s finding that the waiver was valid was clearly erroneous. Therefore, we reverse Ealey’s convictions. Because our review of the evidence adduced at the stipulated bench trial shows that it was sufficient to support Ealey’s convictions, he may be retried.1 “A defendant’s right to trial by jury is one of those fundamental constitutional rights that the defendant must personally, knowingly, voluntarily, and intelligently choose to waive.”2 The state bears the burden of showing that the defendant made a knowing, voluntary and intelligent waiver of that right.3 A defendant’s consent to a trial without a jury need not be in any particular, ritualistic form; the trial court need only conduct an inquiry of the accused on the record so as to ensure that the waiver is knowing, voluntary and intelligent;4 Ealey’s contention is not that his consent to a trial without a jury was not knowing or intelligent, but that it was not voluntary in light of the trial court’s participation in the decision-making process. We will affirm a trial court’s determination that a defendant validly waived his right to a jury trial unless that determination is clearly erroneous.5
The transcript shows the following. After the court heard and denied Ealey’s motion to suppress, Ealey’s attorney informed the court that Ealey desired to waive his right to a jury trial and proceed instead with a bench trial. The court asked Ealey whether he understood that he had a constitutional right to a jury trial. Ealey replied that he understood. When asked whether he had been afforded sufficient time to talk to defense counsel about the difference between a jury trial and a bench trial, Ealey responded that he had. The court again asked Ealey if he desired to waive his right to a jury trial and opt instead for a bench trial. Ealey responded affirmatively.
