PECK, Justice.
Defendant appeals his conviction of driving while under the influence of intoxicating liquor, third offense. We affirm.
At issue on appeal is whether defendant's waiver of trial by jury is constitutionally flawed. V.R.Cr.P. 23(a) provides that "[t]he defendant may in a signed writing or in open court, with the consent of the prosecuting attorney and the court entered of record, waive a jury trial in offenses not punishable by death or imprisonment...
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