COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                            NO. 68247  
CITY OF PARMA                      :
                                   :
          Plaintiff-appellee       :
                                   :         JOURNAL ENTRY 
       vs.                         :              and
                                   :            OPINION 
VAUGHN STAKES                      :
                                   :
          Defendant-appellant      :
                                   :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION                        :         AUGUST 10, 1995   
CHARACTER OF PROCEEDING            :    Criminal appeal from 
                                   :    Parma Municipal Court 
                                   :    Case No. 94-CRB-00756 
JUDGMENT                           :    AFFIRMED. 
DATE OF JOURNALIZATION             :    _______________________
APPEARANCES: 
For plaintiff-appellee:            DAVID W. TOETZ 
                                   WILLIAM D. MASON 
                                   Assistant City Prosecutors  
                                   5750 West 54th Street 
                                   Parma, Ohio  44129 
For defendant-appellant:           HARRY E. GUION 
                                   Attorney at Law 
                                   5566 Pearl Road 
                                   Parma, Ohio  44129  
JAMES D. SWEENEY, P.J.: 
     Defendant-appellant Vaughn Stakes  appeals his conviction  for
public indecency, in violation of City of Parma Codified Ordinances
Section 666.06, and raises the following assignment of error:
          THE APPELLANT,  VAUGHN STAKES,  WAS DENIED  HIS
          CONSTITUTIONAL RIGHT TO A TRIAL BY JURY BECAUSE
          A WRITTEN JURY  WAIVER WAS NEVER SIGNED  BY THE
          APPELLANT  AND  MADE A  PART  OF THE  RECORD AS
          REQUIRED   BY   STATUTE,   RULES  OF   CRIMINAL
          PROCEDURE AND CASE LAW.
                                 I.
     After the trial court  set the case for  a jury trial,  Stakes
filed  a  "notice by  defendant of  withdrawal  of jury  demand and
request  for scheduling of trial  to court."   The trial court then
cancelled the jury trial and, on the day set for trial, conducted a
bench trial.
                                II.
     In  his assignment  of error,  Stakes contends that  the trial
court lacked jurisdiction to conduct a bench trial because he never
filed a valid jury-waiver form.
                               - 3 - 
     Public  indecency,   in  violation   of  Section   666.06,  is
punishable by up to  thirty days imprisonment, a two  hundred fifty
dollar fine, or both, making it a petty offense.  See Crim.R. 2. 
     Crim.R. 23(A) provides, in part: 
          In petty offense cases, where  there is a right
          of jury trial, the defendant  shall be tried by
          the court unless he demands a jury trial.  Such
          demand must be  in writing  and filed with  the
          clerk of court not less than ten days  prior to
          the date  set for  trial, or on  or before  the
          third day  following receipt  of notice  of the
          date  set   for  trial,  whichever   is  later.
          Failure to demand  a jury trial as  provided in
          this subdivision  is a  complete waiver of  the
          right thereto. 
The  trial  court's erroneously  scheduling a  jury trial  does not
obviate this requirement.   See, State  v. Russel (April 5,  1993),
Warren App.  No. CA92-06-052, unreported;  State v. Long  (June 11,
1986), Ross App. No. 1184, unreported;  State v. Pearson (April 10,
1985), Hamilton App. No. C-840451, unreported.
     Stakes waived  his right to  a jury  trial by  never filing  a
written demand  for one.   The  validity of  his jury-waiver  form,
therefore, is irrelevant.
     Accordingly, Stakes's assignment of error is not well taken.
     Judgment affirmed. 
                               - 4 - 
     It is  ordered that  appellee recover of  appellant its  costs
herein taxed.  
     The Court finds there were reasonable grounds for this appeal.
     It is ordered that a  special mandate issue out of  this Court
directing the  Parma Municipal Court  to carry  this judgment  into
execution.  The  defendant's conviction  having been affirmed,  any
bail pending  appeal is  terminated.   Case remanded  to the  trial
court for execution of sentence.  
     A certified copy  of this entry  shall constitute the  mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.  
JOSEPH J. NAHRA, J.     and
AUGUST PRYATEL, J.*  CONCUR 
                                        PRESIDING JUDGE
                                        JAMES D. SWEENEY 
*SITTING  BY ASSIGNMENT:    August Pryatel,  retired  Judge of  the
Eighth Appellate District. 
N.B.  This  entry is made  pursuant to the  third sentence of  Rule
22(D), Ohio Rules  of Appellate  Procedure.  This  is an  announce-
ment  of decision  (see Rule  26).   Ten  (10) days  from  the date
hereof, this document  will be stamped to  indicate journalization,
.