State of Missouri v. Larry Donnell Simms, 501 S.W.3d 442

Larry Simms was charged (prior and persistent offender) with five counts: first-degree domestic assault (alleging serious physical injury), armed criminal action, second-degree domestic assault, unlawful use of a weapon, and third-degree assault.
Defense counsel filed a written waiver of jury trial signed by Simms and counsel stating Simms had been advised of his right and waived it.
At the bench trial call the judge asked, “We are here for a bench trial correct?” and defense counsel answered affirmatively; Simms made no on-the-record objection.
The court convicted Simms on all counts and sentenced him to 18 years imprisonment.
On appeal Simms raised (1) that his waiver of jury trial was not knowingly, voluntarily, and intelligently made because he is blind/has advanced glaucoma and could not read the waiver form, and (2) that the court lacked jurisdiction to convict him of class A first-degree domestic assault because the information mirrored attempt-language and thus only charged a class B attempt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Simms validly waived his Sixth Amendment/Missouri constitutional right to a jury trial	Simms: waiver was not knowing/voluntary/intelligent because he is blind and could not read the written waiver; court did not personally question him on the record about the waiver	State: written waiver signed by Simms and counsel, court mentioned bench trial on the record, Simms made no objection — waiver satisfies Rule 27.01(b)	Court held waiver valid: signed written waiver plus on-the-record counsel acknowledgment and proceeding to bench trial established a knowing, voluntary, intelligent waiver; no plain error
Whether conviction/sentence for class A first-degree domestic assault exceeded court’s jurisdiction because indictment used attempt-language (which would be class B)	Simms: indictment’s language mirrored attempt statute (Section 564.011) so he only received notice of attempt (class B)	State: Information plainly charged the elements of first-degree domestic assault (serious physical injury), and evidence showed Simms inflicted serious injury, supporting class A conviction	Court held no plain error: Information charged class A first-degree domestic assault, State gave adequate notice and evidence supported conviction

State v. Baxter, 204 S.W.3d 650 (Mo. banc 2006) (plain-error review for unpreserved constitutional claims; court may proceed when manifest injustice shown)
State v. Mitchell, 145 S.W.3d 21 (Mo. App. 2004) (written counsel communication alone insufficient to establish on-the-record jury-waiver)
State v. Hannah, 337 S.W.3d 114 (Mo. App. 2011) (upholding waiver where signed waiver and on-record confirmation defendant was ready to proceed to bench trial)
State v. Moore, 414 S.W.3d 580 (Mo. App. 2013) (upholding waiver where written waiver signed by defendant and counsel and nothing on record impeached it)
Luster v. State, 10 S.W.3d 205 (Mo. App. 2000) (court’s assent to waiver implied when it proceeds with bench trial)
State v. Hatton, 918 S.W.2d 790 (Mo. banc 1996) (counsel’s on-record statement that parties were ready for bench trial in defendant’s presence supported waiver)