State v. Frye, 277 P.3d 1091

Frye was convicted of aggravated battery (severity level 7) after a bench trial.
The Court of Appeals reversed the conviction on the jury-trial waiver issue and did not decide sufficiency of the evidence.
The State petitioned for review, arguing waiver preservation and alternative sufficiency of the evidence, and sought reversal of the Appellate decision.
The district court did not appear to advise Frye of his right to a jury trial nor clearly accept a jury waiver.
A handwritten jury-waiver document was found in the record but its validity was dubious and its timing unclear.
The Supreme Court affirmed the Court of Appeals on waiver grounds and remanded for a new trial, while also addressing sufficiency of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Court of Appeals properly reviewed Frye’s jury-trial waiver issue.	Frye; jurisdiction to review waiver on appeal.	State; Luna restricts appellate review of unpreserved waivers.	Jurisdiction to review to preserve ends of justice; waiver invalidated.
Whether the handwritten jury-trial waiver was valid under Irving.	Frye; waiver must be after explicit advisement and in writing or on record.	State; waiver corroborated by counsel and forms exist.	Handwritten waiver not valid under Irving; invalid waiver.
Whether the evidence supports Frye’s severity level 7 aggravated battery conviction.	Evidentiary sufficiency shows intent to strike in rude/angry manner.	State; intent to strike proven; contact was intentional.	Evidence sufficient to support severity level 7 conviction.

State v. Irving, 216 Kan. 588 (1975) (jury-trial waiver must be advised on the record before acceptance)
State v. Luna, 271 Kan. 573 (2001) (exceptions to preservation rule for first-time appellate constitutional challenges)
State v. Mason, 268 Kan. 37 (1999) (preservation rule with exceptional circumstances; not automatic waiver)
State v. Denney, 283 Kan. 781 (2007) (jurisdiction is a question of law; unlimited review)
State v. Hawkins, 285 Kan. 842 (2008) (recognizes exceptions to preservation rule in some jury-trial waiver contexts)
State v. Foster, 290 Kan. 696 (2010) (recites three preservation exceptions, including ends of justice/fundamental rights)
State v. Barnes, 293 Kan. 240 (2011) (articulates substantial evidence standard interplay with waiver issues)