Florida District Courts of Appeal, 1996

Pete v. State

Pete v. State
Florida District Courts of Appeal · Decided January 23, 1996 · Joanos, Lawrence, Mickle
666 So. 2d 1015; 1996 Fla. App. LEXIS 380; 1996 WL 21672 (Southern Reporter, Second Series)

Pete v. State

Opinion of the Court

PER CURIAM.

Appellant challenges his conviction and sentence following a non-jury trial. The record reflects that the trial court failed to conduct an adequate inquiry in open court prior to accepting appellant’s waiver of jury trial.1 Compare Zeigler v. State, 647 So.2d 292 (Fla. 2d DCA 1994). As a result, we are unable to conclude that appellant’s waiver of his constitutional right to a jury trial was knowing and intelligent. See Tucker v. State, 559 So.2d 218 (Fla. 1990) (an appropriate oral colloquy should focus defendant’s attention on the value of a jury trial and should make a defendant aware of the likely consequences of the waiver).

*1016REVERSED and REMANDED for a new trial.

JOANOS, MICKLE and LAWRENCE, JJ., concur.

. No written waiver of jury trial appears in the record.

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