Knowing

In OCCA case No. M-2013-1049, Wilson appealed his conviction for Domestic Abuse Assault and Battery. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. Wilson was charged with Domestic Abuse Assault and Battery in 2012. In February 2013, after a trial without a jury, he was found guilty. The judge sentenced him to one year in jail, with thirty days to be served, and imposed a $500 fine. Wilson challenged his conviction by raising several issues, including that he was not properly informed about his right to a jury trial and that he did not knowingly waive that right. The court found that there was no valid waiver of Wilson's right to a jury trial in the court record. They explained that for a waiver to be valid, the defendant must clearly understand what they are giving up. Since there were no documents or transcripts showing that Wilson knew about his right to a jury trial or chose to waive it, the court ruled that there was fundamental error. The majority opinion concluded by reversing Wilson's conviction and ordering a new trial because of the issues surrounding the jury trial waiver. One judge disagreed and believed that the record showed Wilson had been properly informed about his rights and that he had made a competent choice to proceed with a bench trial. However, the majority decision carried the ruling, leading to a new trial for Wilson.