Barnum v. State

655 So. 2d 1307, 1995 Fla. App. LEXIS 15578, 1995 WL 348325
Procedural entryThis page is a short order in Barnum v. State. Read the opinion of the Court — 1995 Fla. App. LEXIS 10466
District Court of Appeal of Florida·Decided June 12, 1995·No. No. 94-1148·Published

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

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Related

Tucker v. State
559 So. 2d 218 (Supreme Court of Florida, 1990)
Sansom v. State
641 So. 2d 201 (District Court of Appeal of Florida, 1994)