Barnum v. State

District Court of Appeal of Florida

Barnum v. State

655 So. 2d 1307, 1995 Fla. App. LEXIS 15578, 1995 WL 348325

CourtDistrict Court of Appeal of Florida

DecidedJune 12, 1995

DocketNo. 94-1148

StatusPublished

This text of 655 So. 2d 1307 (Barnum v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Barnum v. State, 655 So. 2d 1307, 1995 Fla. App. LEXIS 15578, 1995 WL 348325 (Fla. Ct. App. 1995).

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Opinion

WOLF, Judge.

Appellant challenges his conviction and sentence following a nonjury trial. As the [1308]*1308record does not contain any evidence of a knowing waiver of the appellant’s constitutional right to a jury trial, we must reverse. The state concedes that a new trial must be granted. See Tucker v. State, 559 So.2d 218 (Fla.1990); Sansom v. State, 641 So.2d 201 (Fla. 1st DCA 1994).

REVERSED AND REMANDED FOR A NEW TRIAL.

WEBSTER and LAWRENCE, JJ., concur.

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WOLF, Judge.

Appellant challenges his conviction and sentence following a nonjury trial. As the [1308]*1308record does not contain any evidence of a knowing waiver of the appellant’s constitutional right to a jury trial, we must reverse. The state concedes that a new trial must be granted. See Tucker v. State, 559 So.2d 218 (Fla.1990); Sansom v. State, 641 So.2d 201 (Fla. 1st DCA 1994).

REVERSED AND REMANDED FOR A NEW TRIAL.

WEBSTER and LAWRENCE, JJ., concur.

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655 So. 2d 1307, 1995 Fla. App. LEXIS 15578, 1995 WL 348325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnum-v-state-fladistctapp-1995.

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