Florida District Courts of Appeal, 2005

Fonseca-Perez v. State

Fonseca-Perez v. State
Florida District Courts of Appeal · Decided March 4, 2005 · Altenbernd, Fulmer, Whatley
894 So. 2d 313; 2005 Fla. App. LEXIS 2651; 2005 WL 491421 (Southern Reporter, Second Series)

Fonseca-Perez v. State

Opinion of the Court

PER CURIAM.

Rolando Fonseca-Perez appeals his conviction for exploitation of a disabled adult following a nonjury trial. He raises two issues, only one of which has merit.

Fonseca-Perez argues that he did not waive his right to a jury trial. Florida *314Rule of Criminal Procedure 3.260 requires a written waiver of trial by jury. The rule may also be satisfied by an oral waiver on the record. Tucker v. State, 559 So.2d 218 (Fla. 1990). The State concedes that because neither a written nor an oral waiver appears in this record, Fonseca-Perez is entitled to a new trial. See Gyulveszi v. State, 805 So.2d 84, 86 (Fla. 2d DCA 2002).

Reversed and remanded.

ALTENBERND, C.J., and FULMER and WHATLEY, JJ., concur.

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