Florida District Courts of Appeal, 1973

Harris v. State

Harris v. State
Florida District Courts of Appeal · Decided October 24, 1973 · Barkdull, Dry, Haverfield, Hen
284 So. 2d 410; 1973 Fla. App. LEXIS 6498 (Southern Reporter, Second Series)

Harris v. State

Opinion of the Court

PER CURIAM.

This is an appeal from the trial court’s denial of defendant’s motion to withdraw his waiver of jury in a criminal trial.

The state has conceded in its brief that the trial court erred in denying defendant’s motion and we are in accord with the state’s view. Floyd v. State, Fla.1956, 90 So.2d 105.

*411The judgment and sentence appealed are reversed with directions to grant defendant a new trial.

Reversed with directions.

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