§ 33.03  ACTION ON PLEAS OF “NOT GUILTY” OR “ONCE IN JEOPARDY.”
   (A)   Upon a plea of not guilty or a plea of once in jeopardy, if the charge be a misdemeanor in a court of record, the court shall proceed to set the matter for trial at a future time, pursuant to R.C. Chapter 2938, and shall let accused to bail pending such trial. Or he or she may, but only if both prosecutor and accused expressly consent, set the mater for trial forthwith.
   (B)   Upon the entry of such pleas to a charge of misdemeanor in a court not of record, the magistrate shall forthwith set the matter for future trial or, with the consent of both state and defendant may set trial forthwith, both pursuant to R.C. Chapter 2938, provided that if the nature of the offense is such that right to jury trial exists, such matter shall not be tried before him or her unless the accused, by writing subscribed by him or her, waives a jury trial and consents to be tried by the magistrate.
   (C)   If the defendant in such event does not waive right to jury trial, then the magistrate shall require the accused to enter into recognizance to appear before court of record in the county, set by such magistrate, and the magistrate shall thereupon certify all papers filed together with transcript of proceedings and accrued costs to date, and such recognizance if given, to such designated court of record. Such transfer shall not require the filing of indictment or information and trial shall proceed in the transferee court pursuant to R.C. Chapter 2938.
(R.C. § 2937.08)  (1974 Code, § 33.29)