Florida District Courts of Appeal, 1997

Miller v. State

Miller v. State
Florida District Courts of Appeal · Decided October 7, 1997 · Allen, Mickle, Miner
700 So. 2d 101; 1997 Fla. App. LEXIS 11438; 1997 WL 611558 (Southern Reporter, Second Series)

Miller v. State

Opinion of the Court

PER CURIAM.

After a careful review of the entire record in this case, we reject the appellant’s argument that his conviction herein was barred by collateral estoppel. Nevertheless, we reverse the appellant’s conviction and remand this ease to the trial court for a new trial because the record does not reveal that the appellant knowingly, intelligently, and voluntarily waived his right to a trial by jury. See State v. Upton, 658 So.2d 86 (Fla. 1995).

MINER, ALLEN and MICKLE, JJ., concur.

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