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State v. Presley

Court of Appeals of Missouri, Southern District, First Division

October 8, 2019

STATE OF MISSOURI, Plaintiff-Respondent,
v.
LARRY DEAN PRESLEY, Defendant-Appellant.

          APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY Honorable Thomas E. Mountjoy, Circuit Judge.

          OPINION

          Nancy Steffen Rahmeyer, J.

         Larry Dean Presley ("Defendant") signed a Waiver of Trial by Jury. The judge who accepted the waiver of a jury trial subsequently recused. Defendant now complains that the second judge who tried the case failed to ascertain that Defendant's waiver was knowing and voluntary. Defendant argues the waiver was supposed to be specifically for the first judge. We find no error. The judgment is affirmed.

         Defendant signed the following waiver of trial by jury:

The undersigned defendant waives his right to trial by jury in the above-styled cause and submits the trial thereof to the Court, sitting without a jury, whose findings shall have the force and effect of the verdict of a jury.
Defendant states this waiver is made after consultation with defendant's attorney of record, and that no threats or promises were made to defendant to induce this waiver.
Defendant prays the Court to assent to this waiver. Entered this 16th day of September, 2015.
[signature of Defendant] Larry Presley, Defendant

         The waiver was also signed by Defendant's attorney and the trial court judge.

         The trial court adduced the following at a hearing:

On the 16th day of September, 2015, the above cause came on before THE HONORABLE DAVID C. JONES, Judge of Division II, of the Thirty-First Judicial Circuit, at Springfield, Missouri.
THE COURT: We're calling in the State of Missouri vs. Larry Presley. We'll have everyone introduce themselves, starting with the prosecution first.
MR. ARNOLD: Joseph Arnold appearing for the State.
MR. SHERWOOD: Devon Sherwood appearing for Mr. Presley, and Mr. ...

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