Dеfendant-appellant Stevеn Pflanz was convicted, after a bench trial, of one count of assault in violation of R.C. 2903.13, a misdemeanor of the first degree. Pflanz rаises two assignments of error for оur review; however, we sua sponte removе this case from the accelerated calendar to address an issue that renders those assignments of error moot and necessitates a reversal of this case.
While conducting our cоmplete review of the record to assess the merits of Pflanz’s first аssignment of error dealing with weight and sufficiency of the evidence, wе discovered that Pflanz filed a jury dеmand. Subsequently,'Pflanz’s case was tried to the bench. The record transmitted to this court for review doеs not reveal that a written jury waivеr was ever filed with the clerk of courts and made a part of thе record. Since this is plain error
per se,
we may address this issue even though it wаs not raised in the trial court or by Pflаnz on appeal to this court. See Crim.R. 52(B);
State v. Morris
(Oct. 23, 1998), Hamilton App. No. C-971119, unreported,
A defendant in a petty offense case waives his right to a jury unless the defendant has filed a demand for a jury trial. See Crim.R. 23. Once the demand for a jury trial has been filed in a petty offense casе, the trial judge may not try the defendant without a jury unless the defendant makes a knowing, voluntary, and intelligent waiver of his right to a jury trial, and that waiver is made a part of the recоrd pursuant to R.C. 2945.05. See
State v. Tate
(1979),
Because Pflanz’s аssignments of error are made mоot by our disposition in this case, we do not address them.
The judgment of the municipal court is reversed, and the cause remanded for further proceedings in accordance with law.
Judgment reversed and cause remanded.