State of Missouri, Plaintiff-Respondent, v. Darryl Blair, Defendant-Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: State of Missouri, Plaintiff-Respondent, v. Darryl Blair, Defendant-Appellant. Case Number: 73108 Handdown Date: 06/09/1998 Appeal From: Circuit Court of St. Louis County, Hon. Robert L. Campbell Counsel for Appellant: Irene Karns Counsel for Respondent: John M. Morris, III and Catherine Chatman Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. R. Dowd, Jr., P.J., Simon and Hoff, J.J., concur. Opinion: ORDER Defendant Darryl Blair appeals the judgment entered after the trial court convicted him of child abuse in violation of Section 568.060, RSMo 1994, and endangering the welfare of a child in violation of Section 568.045, RSMo 1994. In his sole point on appeal, Defendant claims the trial court plainly erred in trying his case without a jury because the court did not ascertain that his waiver was knowing and voluntary. We have reviewed the record on appeal. The transcript recites Defendant's waiver of a jury trial and the legal file contains a written memorandum signed by Defendant indicating a voluntary and knowing waiver. Rule 27.01(b); State v. Butler, 415 S.W.2d 784, 785 (Mo. 1967); State v. Turnbough, 604 S.W.2d 742, 746 (Mo.App. E.D. 1980). When waiving the right to a jury trial, Defendant's counsel indicated it was a matter of trial strategy and it was the desire to

have a bench trial due to the nature of the charges. Finally, we note Defendant does not claim he did not knowingly and voluntarily waive a jury trial. An extended opinion would serve no jurisprudential purpose. We affirm the judgment pursuant to Rule 30.25(b). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.