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Jones v. State

The state failed to prove that the defendant validly waived her right to a jury trial.

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Following a bench trial, Rebecca Ruth Jones was convicted of two counts of keeping a vicious animal in violation of a Cobb County ordinance. Jones claims that the state failed to show that she knowingly and intelligently waived her constitutional right to a jury trial. We agree and reverse. The record shows that Jones was indicted after her dogs bit and injured her neighbor while the neighbor was on Jones’ property. Jones requested a jury trial, and her case was transferred from magistrate court to the State Court of Cobb County. On July 14, 2006, Jones waived formal arraignment, and she again requested a jury trial. However, when Jones’ case was called for trial on May 24, 2007, her attorney filed a pleading requesting a non-jury trial. On May 30 and 31, 2007, Jones’ case was tried without a jury.

1. Jones contends that the state failed to meet its burden of proving that she validly waived her right to a jury trial. We agree.

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