Opinion
(7894)
Argued March 9, 1990
Decision released March 20, 1990
Substitute information charging the defendant with the crimes of conspiracy to sell cocaine and sale of cocaine by a person who is not drug-dependent, brought to the Superior Court in the judicial district of Middlesex and tried to the court, Cretella, J.; judgment of guilty, from which the defendant appealed to this court. Error; new trial.
Lauren Weisfeld, assistant public defender, with whom, on the brief, were G. Douglas Nash, public defender, and Meira Rosenberg, assistant public defender, for the appellant (defendant).
Mary H. Lesser, deputy assistant state's attorney, with whom, on the brief, were. John T. Redway, state's attorney, and Bernadette Conway, assistant state's attorney, for the appellee (state).
The defendant claims, as error, and the state concedes, that nothing in the record indicates that the trial court informed the defendant of his fundamental right to a jury trial or elicited from him a waiver of that right.