DocketNumber: No. 4D01-230
Citation Numbers: 801 So. 2d 208, 2001 Fla. App. LEXIS 17140, 2001 WL 1539613
Judges: Klein, Polen, Shahood
Filed Date: 12/5/2001
Status: Precedential
Modified Date: 10/18/2024
We reverse appellant’s conviction following a nonjury trial because there was no valid waiver of jury trial by appellant, either orally or in writing. The record shows that only appellant’s counsel advised the court that appellant was waiving a jury. This, as the state recognizes in its concession of error, is insufficient. Babb v. State, 736 So.2d 35 (Fla. 4th DCA 1999). Reversed.