State v. SpikesState v. Spikes
- Reporters:
- ,
- Before:
- Covington
Defendant, James Earl Spikes, was charged by indictment with the murder of Lola Ratcliff on February 22,1973, in violation of
The basis upon which defendant seeks revеrsal is that he did not knowingly and intelligently waive his right to a jury trial, and that the deprivation of this right rendered his conviction and sentence null.
The right to a jury trial may be waived in a non-capital case pursuаnt to Article 1, § 17 of the 1974 Louisiana Constitution if the waivеr is “knowingly and intelligently” made. The record shows that thе trial judge made a sufficient effort to ascertain whether Spikes knowingly and intelligently waived a jury trial and that he understood the consequences of such a waiver. The record shows too that Spikes’ appointed-counsel at the аccused’s side in open Court, “formally waive[d] his right to *731a jury, to a trial by jury, and ask[ed] that this matter be tried by the judge alone.” The trial judge then asked: “All right. Is that cоrrect, Mr. Spikes?” To this question Spikes responded, “Yes sir.” The trial then proceeded to cоnclusion without any objection on the part of defendant.1
The record supports the cоnclusion that the defendant was personally informed by the trial judge of his right to trial by jury before the waiver was accepted. State v. Long, 408 So.2d 1221 (La.1982). Thus, we are of thе opinion that defendant made a knowing and intеlligent waiver of his right to trial by jury within the principles of State v. Johnson, 389 So.2d 1302 (La.1980).
Aсcordingly, the conviction and sentence оf James Earl Spikes are affirmed.
AFFIRMED.
Notes
. After his arraignment, Spikes was committed to the Forensic Unit of thе East Louisiana State Hospital at Jackson, Louisiana, for tests and observation. He remаined at the hospital until his return for trial. Dr. Otto Havas, staff psychiatrist at the hospital, certified to thе court Spikes’ competency to stand triаl “in that he understands the nature and consequenсes of the charge pending and can assist his аttorney in his own defense.” The day before the triаl, Spikes was re-examined by Dr. John D. Newman, who had sеrved on the earlier sanity commission which had committed Spikes, and Dr. Newman found Spikes competent to stand trial. Dr. Newman testified that Spikes understood specifically his right to waive trial by jury and the consequences of being tried only by the judge.