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defendant of the possible penalties in case No. 17-CF-405. The trial court informed defendant
that, based on a prior felony conviction, defendant was facing extended-term sentences in both
felony cases, which would be mandatorily consecutive due to the fact that defendant was out
on bond when he committed the second offense. At that point, court was adjourned to allow
defendant to speak to his attorney to consider a plea offer. Upon return, defense counsel
indicated that defendant wanted to accept the State’s offer and defense counsel had prepared a
jury waiver. The trial court admonished defendant that he had the absolute right to a jury trial
and asked defendant if he intended to waive his right to a jury trial in both felony cases. A jury
trial waiver, signed by defendant, was presented to the judge. The signed waiver only lists the
two felony cases, and the trial court stated: “I’ve now been handed a written waiver of your
right to a jury trial in Adams County Cases 16-CF-752 and 17-CF-405” and found that
defendant had “knowingly and voluntarily waived his right to a jury trial in Adams County 16-
CF-752 and 17-CF-405.” The written order entered on October 10, 2017, indicating that
defendant waived a jury trial, lists all five case numbers (case Nos. 16-CF-752, 17-CF-405,
17-DT-51, 17-TR-2415, and 17-TR-2416).
¶ 7 At the next hearing, on October 25, 2017, and before a different judge, the trial court
announced all five cases, including the DUI, and noted that defendant had previously waived
his right to a jury trial. When asked by the court how he wanted to proceed, defendant did not
dispute that he had waived a jury trial. Instead, defendant explained why he had “waived [his]
jury trial.” The trial court informed defendant that, unless he filed a motion to withdraw his
jury trial waiver, the court was going to set the cases for a bench trial. All matters were set for
a bench trial, again beginning with the 2016 case.
¶ 8 On March 21, 2018, after a bench trial had been held in the 2016 case, that case was called
for sentencing, and the four cases arising from the 2017 accident were called for status. Defense
counsel indicated that defendant wished to proceed to trial in case No. 17-CF-405 and
defendant did not believe that he had waived a jury trial in his obstructing justice case. The
DUI case was not mentioned. The trial court set the matter for status on April 25, 2018, so that
it could review a transcript of the October 10, 2017, waiver hearing.
¶ 9 At the status hearing on April 25, 2018, all five cases were called. Defense counsel
indicated that the sentencing issue had been resolved in the 2016 case, defendant had waived
his right to a jury trial in case No. 17-CF-405, and the DUI and traffic matters were to be tried
with case No. 17-CF-405. Defense counsel relayed to the court defendant’s request that the
bench trial on the four 2017 cases proceed prior to sentencing on the 2016 case. A bench trial
was set for the four cases arising out of the May 2017 accident (case Nos. 17-CF-405, 17-DT-
51, 17-TR-2415, and 17-TR-2416). Those four case numbers were called for a joint bench trial
on June 26, 2018, which proceeded without objection from defendant.
¶ 10 Nakita Paetow testified that she heard a loud boom in front of her home on May 20, 2017.
Upon going outside to investigate, she saw a westbound black vehicle strike the truck parked
eastbound in front of her house. The black vehicle was already damaged when it struck the
truck. The black vehicle proceeded about a half a block, where it stopped in the middle of the
road and a male emerged from the driver’s side and a female from the passenger side of the
vehicle. The male fell three times while he tried to run away. Paetow identified the male as
defendant.