State of Utah v. Zavala-Perez

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Jose Zavala-Perez,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020079-CA

F I L E D
November 29, 2002 2002 UT App 390 -----

Third District, Salt Lake Department
The Honorable Leon A. Dever

Attorneys:
Michael Misner and Patrick W. Corum, Salt Lake City, for Appellant
Cara M. Tangaro, Salt Lake City, for Appellee -----

Before Judges Bench, Davis, and Thorne.

DAVIS, Judge:

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