A Howard County man who was convicted of aggravated assault and battery and has already been released from prison was not properly informed of his right to waive a jury trial, the Arkansas Court of Appeals ruled Wednesday.
The court reversed and remanded the convictions of Raymundo Guana-Lopez, who was sentenced to six years in prison and has since been released on parole.
Appeals Judge Bill Walmsley wrote that it was the trial court’s burden to ensure that a person who waives the right to a trial by jury does so in accordance with the Rules of Criminal Procedure and that the case’s record should show the person made a “knowing, intelligent and voluntary relinquishment of his right to a trial by jury.”
“There was no specific acknowledgment by [Guana-Lopez] that he understood the right that was waived by his attorney. Further, there is no indication in the record that the trial court made any attempt to ensure that [Guana-Lopez] knowingly, intelligently and voluntarily waived his fundamental right to a trial by jury,” Walmsley wrote.
Guana-Lopez, now 36, was charged with aggravated assault and second-degree battery on Dec. 4, 2012, after he confronted the mother of his child and her boyfriend at the boyfriend’s home in Nashville, according to court filings.
According to court testimony, Guana-Lopez ran over the boyfriend’s foot, drove up the street, made a U-turn and drove back down the street, striking the mother of his child.
The trial judge denied Guana-Lopez’s motion to dismiss the case for lack of evidence and found him guilty.
Guana-Lopez appealed, arguing again that there was insufficient evidence and that he had not properly waived his right to a jury trial.
The appeals court found there was substantial evidence to support his convictions but agreed his waiver was improper.
Walmsley quoted an exchange between the court, Guana-Lopez and his attorney when the man waived his jury trial to show it did not meet the requirements set forth by the court’s rules.
“On appeal to this court, [Guana-Lopez] argues that the record does not indicate that there was any discussion about his right to a jury trial and the consequences of waiving that right. We agree,” Walmsley wrote.
Little Rock attorney Lee Short, who handled Guana-Lopez’s appeal, said the court’s ruling was “bittersweet” because the man had already served his time in prison. Short said it would be up to the state to decide whether to refile the charges and try Guana-Lopez again.
“I think it certainly is an important ruling making sure people’s rights are protected,” Short said.
Aaron Sadler, a spokesman for the Arkansas attorney general’s office, said in an email that “We are reviewing the decision and evaluating our options at this time.”
Arkansas, Pages 9 on 04/03/2014