Ventura S. Sanchez v. State of Indiana (mem. dec.)
44A03-1603-CR-564
| Ind. Ct. App. | Nov 23, 2016Background
- Ventura S. Sanchez was charged with Class B felony sexual deviate conduct, Class B felony incest, and Class D felony sexual battery in June 2013.
- On August 5, 2015, defense counsel filed a notice of readiness, a jury-trial waiver, and a motion for a bench trial; the waiver was signed by counsel but not by Sanchez.
- The trial court conducted a bench trial and convicted Sanchez of sexual deviate conduct and incest.
- The record contains no colloquy in open court showing Sanchez personally waived his jury-trial right.
- The State concedes reversible error; the Court of Appeals found the waiver invalid because it was not personally made by Sanchez.
- The court vacated the convictions and remanded for a jury trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury-trial waiver was valid | State: trial proceeded properly and convictions stand | Sanchez: did not personally waive right; waiver invalid | Waiver invalid; convictions vacated and case remanded for jury trial |
| Whether waiver may be signed by counsel alone | State: counsel-signed waiver suffices | Sanchez: waiver must be personal — signed by defendant or made on record | Must be personal; counsel signature alone is insufficient |
| Whether an on-the-record colloquy occurred | State: implied waiver via filings and proceeding | Sanchez: no colloquy in open court indicating personal waiver | No colloquy in record; personal waiver not shown |
| Remedy for defective waiver | State: (conceded) no objection to remedy specified | Sanchez: requests reversal/remand for jury trial | Court reversed convictions and remanded for new jury trial |
Key Cases Cited
- Poore v. State, 681 N.E.2d 204 (Ind. 1997) (presumption against waiver of jury trial; waiver must be affirmative)
- Anderson v. State, 833 N.E.2d 119 (Ind. Ct. App. 2005) (waiver invalid where defendant neither signed waiver nor personally expressed waiver on the record)
- Kellems v. State, 849 N.E.2d 1110 (Ind. 2006) (jury-waiver must be personal: either signed by defendant or made in open-court colloquy)