People v. Warnock

Record contains no explicit reference to waiving a jury trial or to conducting a bench trial. Court set case for jury trial, and two months later parties proceeded to a bench trial, with no reference to Defendant having waived a jury trial. Record shows no occasion on which Defendant was present in open court when jury waiver was discussed. Thus, Defendant did not validly waive his right to a jury trial. (ZENOFF and SCHOSTOK, concurring.)