People v. Hammond CA3

FACTS AND PROCEDURAL HISTORY

Defendant waived his right to a preliminary hearing. When arraigned on the information, defendant waived advisement of his rights on the information. Defense

2 counsel stated that he had discussed with defendant “waiving his right to a jury trial and doing a court trial on this matter” but that they were “not stipulating” to transportation, arguing that it was “a personal use case.” The People also waived trial by jury. The court then engaged in the following colloquy with defendant: “The Court: And Mr. Hammond, I don’t know if you heard what I was mentioning to the last person who was waiving their right to a jury trial to have this issue basically before what we call our appellate courts. We’re really looking at a set of circumstances to have an area of law cleared up here. But just what I told him, based upon the current set of the law, unless there’s some substantial difference on the facts that you would be presenting me, I probably would find you guilty at a court trial. “Do you understand that? “The Defendant: Yes, sir. “The Court: You still wish to have a court trial? “The Defendant: Yes, sir. “The Court: All right. And you know the…