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Florida District Courts of Appeal, 1995

Barnum v. State

Barnum v. State
Florida District Courts of Appeal · Decided June 12, 1995 · Lawrence, Webster, Wolf
655 So. 2d 1307; 1995 Fla. App. LEXIS 15578; 1995 WL 348325 (Southern Reporter, Second Series)

Barnum v. State

Opinion of the Court

WOLF, Judge.

Appellant challenges his conviction and sentence following a nonjury trial. As the *1308record does not contain any evidence of a knowing waiver of the appellant’s constitutional right to a jury trial, we must reverse. The state concedes that a new trial must be granted. See Tucker v. State, 559 So.2d 218 (Fla. 1990); Sansom v. State, 641 So.2d 201 (Fla. 1st DCA 1994).

REVERSED AND REMANDED FOR A NEW TRIAL.

WEBSTER and LAWRENCE, JJ., concur.

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