Layton City v. Jenkins

----ooOoo----

Layton City,
Plaintiff and Appellee,

v.

Lynn Jenkins,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010342-CA

F I L E D
October 3, 2002 2002 UT App 324 -----

Second District, Layton Department
The Honorable Darwin C. Hansen

Attorneys:
Lynn Jenkins, Bountiful, Appellant Pro Se
Kristina M. Neal, Layton, for Appellee -----

Before Judges Bench, Greenwood, and Thorne.

THORNE, Judge:

Layton City concedes that Jenkins was entitled to, and was not granted, a jury trial under Salt Lake City v. Roseto, 2002 UT App 66,¶11, 44 P.3d 835 (concluding that upon proper presentation of a written demand for a jury trial, a defendant in a non-infraction criminal trial is entitled to a jury), and Utah Code Ann. § 77-1-6 (1999). We therefore summarily reverse Jenkins's conviction. Layton City's concession removes this case from the publication requirements set forth in Grand County v. Rogers, 2002 UT 25,¶18, 44 P.3d 734 (stating "it is unlikely that a memorandum decision is appropriate in cases where the ultimate decision is other than an affirmance of the trial court's actions, except in those rare instances where the reasons for the reversal are clearly set forth in prior case law"). Because we reverse Jenkins's conviction due to the trial court's refusal to grant him a jury trial, we need not address the other issues he has presented on appeal. See State v. Harrison, 2001 UT 33,¶40, 24 P.3d 936.

Accordingly, Jenkins's conviction is reversed and this case is remanded for a new trial.
 
 

______________________________
William A. Thorne Jr., Judge -----

WE CONCUR:
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
Pamela T. Greenwood, Judge