Wright v. State of Florida
Wright v. State of Florida
649 So. 2d 365; 1995 Fla. App. LEXIS 1297; 1995 WL 59600
(Southern Reporter, Second Series)
Wright v. State of Florida
Opinion of the Court
CONFESSION OF ERROR
The state correctly concedes that the trial court erred in conducting a bench trial even though defendant did not waive his right to a jury trial. Tucker v. State, 559 So.2d 218 (Fla. 1990). The record contains “no written waiver of a jury trial and the trial court failed to inquire into the defendant’s waiver of a jury trial_” Tucker, 559 So.2d at 220. We, therefore, reverse the conviction and sentence and remand for trial.
Reversed and remanded.
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