Montero v. State
Cases that cite this one
3 later published cases cite this decision.
- Johnson v. State (Fla. 2008)
- Gyulveszi v. State (Fla. Dist. Ct. App. 2002)
- Castro v. AT & T WIRELESS SERVICES, INC. (Fla. Dist. Ct. App. 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Jeremy E. MONTERO, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
Jeffrey Sullivan, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee.
PATTERSON, Chief Judge.
Jeremy Montero appeals from his judgment and sentence for battery on a law enforcement officer and from the order revoking his community control. He argues, and the State concedes, that the trial court failed to question Montero to determine whether he wished to waive his right to a jury trial. Therefore, because the record fails to show that Montero validly waived his right to a jury trial, we reverse Montero's conviction for battery on a law enforcement officer. See Tucker v. State, 559 So.2d 218 (Fla. 1990) (holding that a defendant's waiver of the right to a jury trial must appear in the record). However, because Montero was not entitled to a jury trial for the violation of community control, the trial court's findings at the hearing are valid and the revocation order must stand.
Affirmed in part and reversed in part.
NORTHCUTT and STRINGER, JJ., Concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.