STATE v. CROCKETT (2020)

Stay denied. Writ application denied.

While I concur that the granting of a new trial wipes the slate clean, and the defendant may choose anew a bench or jury trial, it appears from the information presented to the this court that the new trial was set for October 19, 2020 and the motion to waive the jury was filed on September 3, 2020, less than the 45 day period required by the constitution. However, that issue is not before this court at this time.

Hughes, J., additionally concurs and assigns reasons.