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State v. Zabala-Perez11/29/2002
MEMORANDUM DECISION
(Not For Official Publication)
2002 UT App 390
Zavala-Perez was convicted of one count of driving under the influence , a class B misdemeanor, in violation of Utah Code Ann. § 41-6-44 (Supp. 2000); one count of speeding, a class C misdemeanor, in violation of Utah Code Ann. § 41-6-46 (1998); and one count of faulty equipment, a class C misdemeanor, in violation of Utah Code Ann. § 41-6-117 (1998).
Zavala-Perez appealed these convictions to this court, claiming: (1) the trial court erred by conducting his bench trial in absentia, and (2) the trial court erred by holding he waived his right to a jury trial when he failed to maintain contact with his appointed counsel prior to trial.
On November 8, 2002, Zavala-Perez and the State filed a Joint Motion for Summary Reversal and Remand, asking this court to "summarily reverse the trial court's denial of [Zavala-Perez]'s motion for a jury trial and to remand for the purpose of allowing [Zavala-Perez] his right to a jury trial." Having carefully reviewed the record, we grant this motion and reverse and remand for a new trial.
James Z. Davis, Judge
WE CONCUR:
Russell W. Bench, Judge
William A. Thorne, Jr., Judge
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