Jones

*229 Ashley Debra Jones appeals from a judgment entered after her conviction following a court trial for second degree murder and child abuse arising from the death of her four-month-old daughter, Savannah. 1 The trial court found true as to the murder count the allegation that Jones personally inflicted great bodily injury on Savannah. Jones was tried with codefendant Johnathan Lucero, Jones's boyfriend and Savannah's father. The trial court found Lucero not guilty of murder but guilty of child abuse. 2 The trial court found as to the child abuse count that both Jones and Lucero willfully caused and permitted Savannah to suffer physical pain and injury under circumstances likely to produce great bodily injury or death.

On appeal, Jones contends her waiver of her right to a jury trial was not knowing, intelligent, and voluntary. We agree. The trial court's two-question inquiry of Jones, as to whether she "underst[ood] [her] right to a jury trial" and whether she agreed to waive that right and have the trial judge "sitting alone, decide the case" does not affirmatively show that Jones understood the nature of the right to a jury trial she was relinquishing. Although there is no…