STATE v. MANDIGO (1998)

Court of Appeal of Louisiana,Second Circuit.

STATE of Louisiana, Appellee, v. Anthony Mark MANDIGO, Appellant.

No. 29913-KA.

Decided: February 05, 1998

Before MARVIN, C.J., and BROWN, WILLIAMS, STEWART and PEATROSS, JJ.

Stephen Glassell, Shreveport, for Appellant. Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Karen Avery, Assistant District Attorney, for Appellee.

On rehearing, this court remanded this matter to the trial court for an evidentiary hearing and a determination of whether the defendant knowingly and intelligently waived his right to a jury trial. We further instructed the trial court to set aside the conviction and grant a new trial if evidence presented at the hearing showed that defendant's waiver was ineffective. The trial court has now complied with this court's instructions on remand, found the waiver of jury trial to be inadequate, set aside the conviction, vacated the sentence imposed and granted a new trial. Accordingly, we dismiss the instant appeal as moot.

Per Curiam.

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