Fonseca-Perez v. State

District Court of Appeal of Florida

Fonseca-Perez v. State

894 So. 2d 313, 2005 Fla. App. LEXIS 2651, 2005 WL 491421

CourtDistrict Court of Appeal of Florida

DecidedMarch 4, 2005

DocketNo. 2D03-5542

StatusPublished

This text of 894 So. 2d 313 (Fonseca-Perez 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.

Bluebook

Fonseca-Perez v. State, 894 So. 2d 313, 2005 Fla. App. LEXIS 2651, 2005 WL 491421 (Fla. Ct. App. 2005).

Pincite

Opinion

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 [314]*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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