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Cox v. State

Even though the form which the pro se defendant signed to show he was pleading not guilty included a jury trial waiver, the form was insufficient to show the defendant knowingly waived his right to a jury trial.

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When Leslie Bryan Cox went to his wife’s mobile home to persuade her to return to him, she asked him to leave because he had been drinking. He splashed some beer on her clothing, and after she closed the door he broke the light affixed to her trailer near the door, broke open her outdoor phone jack and unplugged it, and destroyed a small cement statue she kept in her front yard. At a bench trial he was convicted of family violence battery1 and criminal trespass.2 He enumerates as error the sufficiency of the evidence and the State’s failure to establish that he knowingly waived his right to a jury trial. We find merit in these contentions and reverse.

1. Construing the evidence in favor of the convictions, could a rational trier of fact have found, beyond reasonable doubt, each of the elements of the charged crimes3 We hold that the evidence relative to the battery conviction does not meet this standard, whereas the evidence relative to the trespass conviction does.

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