Florida District Courts of Appeal, 2001

Solis v. State

Solis v. State
Florida District Courts of Appeal · Decided December 5, 2001 · Klein, Polen, Shahood
801 So. 2d 208; 2001 Fla. App. LEXIS 17140; 2001 WL 1539613 (Southern Reporter, Second Series)

Solis v. State

Opinion of the Court

PER CURIAM.

We reverse appellant’s conviction following a nonjury trial because there was no valid waiver of jury trial by appellant, either orally or in writing. The record shows that only appellant’s counsel advised the court that appellant was waiving a jury. This, as the state recognizes in its concession of error, is insufficient. Babb v. State, 736 So.2d 35 (Fla. 4th DCA 1999). Reversed.

POLEN, C.J., KLEIN and SHAHOOD, JJ., concur.

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