Form Cccm85 -A - Waiver Of Right To A Trial By Jury - St Louis County, Missouri
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1In the
For File Stamp Only
CIRCUIT COURT
of St. Louis County, Missouri
STATE OF MISSOURI
___________________
Date
vs.
___________________
Case Number
_________________________________
___________________
Defendant
Division
WAIVER OF RIGHT TO A TRIAL BY JURY
Comes now Defendant and requests that this case be heard and tried by the court without a jury, and in
support of this request, acknowledges:
1.
That the State has charged Defendant with the offense(s) of ______________________, a class ____
(felony)(misdemeanor) [in Count ____, and ___________________________________, a class ____
(felony)(misdemeanor) in Count ____].
2.
That the range of punishment for this offense is from ____ days/years to ____ days/years and a fine
up to $_______ or both imprisonment and a fine [for Count ___, and the range of punishment is from
____ days/years to ____ days/years and a fine up to $_______ or both imprisonment and a fine for
Count ___].
3.
That he/she has a right to a trial by a jury of his/her peers.
4.
That such a jury shall consist of twelve (12) fair and impartial persons from the community.
5
That all twelve (12) of these persons must agree unanimously as to his/her being guilty or not guilty
[and as to the appropriate punishment to be imposed].
6.
That, if the jury cannot reach a unanimous decision on the issue of Defendant’s guilt, the judge
shall declare a mistrial (on those counts in which a unanimous verdict was not reached). A new trial
will be held on any count in which all twelve jurors could not agree as to the issue of guilt.
7.
That upon acceptance of this waiver, the judge alone shall make the finding of whether or not the
evidence proves beyond a reasonable doubt defendant’s guilt of either the crime charged or any lesser
included offense. Further, the judge alone will determine the appropriate sentence to impose.
8.
That no threats or promises were made to defendant to cause him/her to agree to this waiver.
9.
That the case will be tried by this division’s judge, whose finding shall have the force and effect of the
verdict of a jury, in accordance with Article I, §22(a) of the Missouri Constitution.
10.
That he/she has discussed the consequences of waiving the right to a jury with his/her attorney [or has
waived his/her right to counsel].
____________________________________
Defendant
____________________________________
Defendant’s counsel
Above waiver signed before and witnessed by me this ______ day of ______________, 20____.
____________________________________
Judge
CCCM85 -A
Rev. 04/04
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