State v. Simmons ( 2011 )

74 So.3d 711 (2011)

STATE of Louisiana
v.
James SIMMONS.

No. 2011-KK-2130.

Supreme Court of Louisiana.

October 11, 2011.

Granted. Although the Defendant did not make a jury waiver "no later than 45 days prior to trial," the State did not object and the case proceeded to trial, ending in a mistrial. The ruling of the trial court allowing the Defendant to revoke his irrevocable waiver of a jury trial is therefore reversed, and the case is remanded to the trial court for a bench trial.

JOHNSON and WEIMER, JJ., would grant and docket.