from the District Court of the Seventh Judicial District,
State of Idaho, Bingham County. Hon. Darren B. Simpson,
District Judge. Hon. James H. Barrett, Magistrate.
of the district court, on intermediate appeal from the
magistrate, affirming judgment of conviction for misdemeanor
domestic battery, reversed and case remanded.
L. Castleton, Bingham County Public Defender, Idaho Falls,
Lawrence G. Wasden, Attorney General; John C. McKinney,
Deputy Attorney General, Boise, for respondent.
Haggard appeals from the decision of the district court, on
intermediate appeal from the magistrate, affirming
Haggard's judgment of conviction for misdemeanor domestic
battery, which the magistrate entered following a court
trial. Haggard contends that his written waiver of the right
to a jury trial was constitutionally defective because the
magistrate did not inquire into the validity of the waiver
prior to proceeding to a court trial. This argument was
raised for the first time on appeal to the district court.
For the reasons set forth below, we reverse the decision of
the district court and remand for further proceedings.
FACTUAL AND PROCEDURAL BACKGROUND
State charged Haggard with misdemeanor domestic battery. I.C.
§ 18-918(3)(b). While in custody at the jail, Haggard
initialed and signed a notification of rights form, which
included the following language:
[Paragraph] 4. Should you plead "not guilty", you
have the right to a trial before the Court or a jury of six
(6) jurors drawn from the Court Jury Panel. You may bring
witnesses or evidence to the trial on your behalf and you
will have the opportunity to confront and cross-examine
witnesses testifying against you.
same day, Haggard appeared before the magistrate for
arraignment and the magistrate advised Haggard of his rights.
Haggard pled not guilty and requested the appointment of a
public defender to represent him. Haggard also signed and
dated a statement of rights for domestic assault or battery
cases, which included the following provisions:
3. You have the right to a jury trial and to compel the
attendance of witnesses on your behalf without expense to
. . . .
4. NOT GUILTY PLEA. If you plead NOT
GUILTY, the court will ask you whether you wish to have
a trial before a jury or a trial before a judge only, and
will set a trial date.
. . . .
10. I HAVE READ THIS DOCUMENT OR HAD IT EXPLAINED TO ME AND
HAVE RECEIVED A COPY.
pretrial conference held approximately one month later,
Haggard, his counsel and the prosecuting attorney signed a
pretrial stipulation and order, which was filed with the
court. The stipulation included an option for a court trial
and an option for a jury trial. The option for court trial
was checked. That option reads: "COURT TRIAL is set for
7 day of Sept., 2016 at 1:15 P.M. And the right to have
this matter heard by jury trial is waived by both
parties." Although the stipulation and order also
included a signature line for a magistrate, a magistrate did
not sign the document. A court trial ...