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Balbosa v. State

The record did not support a finding that defendant knowingly and intelligently waived his right to jury trial.

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Pedro Balbosa was indicted on two counts of aggravated assault and one count of making terroristic threats. He was tried by a judge without a jury, found guilty on all counts, and sentenced to 15 years in prison. The only reference to his waiver of his right to a jury trial came at the outset of the bench trial when the judge said: “It is my understanding from a previous announcement that the defendant waives his right to a trial by jury and agrees to a trial before the court.” The record indicates that, in the presence of his client, Balbosa’s attorney responded: “Yes, your Honor.” At that time, Balbosa did not object to the proceedings or express any confusion about what was occurring, and even asked the trial court for a probated sentence before the court found him guilty: “If you can give me the strictest probation or community service there is, I’ll be thankful.”

In his motion for a new trial, Balbosa contended for the first time that he did not waive his right to a jury trial. At the conclusion of that hearing, the trial court denied Balbosa’s motion and Balbosa appealed to the Court of Appeals.

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