Florida District Courts of Appeal, 1995

Wright v. State of Florida

Wright v. State of Florida
Florida District Courts of Appeal · Decided February 15, 1995 · Baskin, Gersten, Nesbitt
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

PER CURIAM.

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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