his right to a jury when he specifically stated multiple times that he did not want the jury i there were four or five statements to waive or give up your right to a jury trial and have a trial in front of a judge or in this case me is that correct the defendant answered yes and the court said and is that what you wish to do give up the right to wouldn't have banned explain that that's a much different situation than what happened at the police station i understand you're contesting it but here we're going to do this in open court the statute says it has communicated this is why it's important to her in writing let's do in writing in ways you can do that probably five months before trial i'm assuming you know i don't think there's any prohibited wouldn't be for you share for the judge to proceed with the trial if he didn't the defendant says i'm not saying trial court they wanted you know that the defendant provided a perfectly logical reason for refusing to sign a jury or perhaps he didn't want his signature an injury waiver to be compared with the signature that was on the written would have accomplished and safeguard the defendant's rights here why should he have tried one more time right before they started the trial by all indications based on the stand is the issue weeks before the trial  that there was nothing more the trial court could have done whether it be two days later or two weeks later the defendant was steadfast he unequivocally stated that he wanted a bench trial be unequivocally stated multiple times he was asked the question in several there was no indication that the defendant was going to change his mind that i think he needed a truck or could have done that but it certainly doesn't change the fact that the defendant evidently refused to sign injury waiver  waiver is knowing and voluntary if the record indicates that the waiver is knowing involuntary and the purpose of the writing requirement has been satisfied and no more is required and i think the upshot of the case i put this toward the end know what more the trial court could have done to obtain or even jury waiver rather then to force him to sign a jury waiver under compulsion that would have violated the defendant's rights as well i'm so i think defendant would be able to secure an automatic reversal just by refusing to sign a written jury waiver and per perhaps that if if the proper remedy were to proceed to a jury trial despite the  really unproven with direct evidence we have to rely on circumstantial evidence i'm sure st point about the cell phone it certainly doesn't get us across the gap but it's just one more piece in the puzzle that gets us there to intend to deliver certainly everyone has a cell phone i'd be surprised can draw a reasonable inferences from the evidence certainly i would say that it's reasonable to infer that most people store their cell phones in their pockets in their purses things like that i think the traveler could have found well i don't think most people put their cell phones in their socks certainly sure but and so so it it does it is one of the pieces that gets us there but that's not all we have when we have the individual wrapping we have the cell phone we also have the defendant's own statements the defendant it tells us a special agent that he sells cocaine to six customers he says he comes to the page county to sell cocaine he says he's a middleman who sells crack cocaine to his friends he tells out on special agent call after the september transaction calling anytime if you need more practical came those are the statements of a drug dealer and those are the scenes of a person who sells crack cocaine and that is just one more piece of evidence that the court can consider  part he focuses on a lot of the evidence that was not present in the trial he talks about the fact that there are no guns here there's no large amounts of cash here things of that nature and i think the bush case speaks to that a lot of bush talks about robinson and basically we're seeing we have to say that i realize the standard is not anymore all eliminate all have heart disease of innocence however certainly you still have to overcome that this person on that this small mom must not be for personal use that's really what we're saying is did they prove beyond a reasonable doubt that it couldn't be for person years that's really i think the way it should be free but we don't know in the record if you use that he