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STATE v. INNES

No. 1 CA-CR 09-0865.

260 P.3d 1110 (2011)

STATE of Arizona, Appellee, v. Andrew David INNES, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

August 2, 2011.

Attorney(s) appearing for the Case

Thomas C. Horne, Attorney General, By Kent E. Cattani, Chief Counsel, Aaron J. Moskowitz, Assistant Attorney General, Criminal Appeals/Capital Litigation Section, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Terry J. Adams, Deputy Public Defender, Phoenix, Attorney for Appellant.

OPINION

JOHNSEN, Judge.

¶ 1 The superior court convicted Andrew David Innes of sexual abuse after a trial to the court. Because it is undisputed that the record does not show that Innes knowingly, voluntarily and intelligently waived his right to a jury trial, we reverse the conviction and remand for a new trial.

FACTS AND PROCEDURAL HISTORY

¶ 2 A few weeks before Innes's trial was to begin on a single charge of sexual abuse,...

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