State v. Reimer

Florida Circuit Courts

State v. Reimer

48 Fla. Supp. 2d 33

Circuit Court for the Judicial Circuits of Florida·Decided May 24, 1991·No. Case No. 89-094-AC·Published

Opinion

OPINION OF THE COURT

PER CURIAM.

The Defendant was charged with careless driving and driving under the influence. At trial, the defendant made a motion to suppress which [34] was denied and he “waived jury trial” by affixing his signature and by a box indicating waiver being checkmarked in open court. After a finding of guilt, the court granted a new trial for having not allegedly conducted a colloquy as to whether waiver was freely and voluntarily given. This appeal followed.

There is no legal requirement for the court to inquire as to whether a written waiver was given freely and voluntarily. Dumas v State, 439 So.2d 246, 251 (Fla. 3d DCA 1983).

The rulings of the lower court, granting a new trial, is reversed with instructions to reinstate the original verdict.

REVERSED and REMANDED.

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OPINION OF THE COURT

PER CURIAM.

The Defendant was charged with careless driving and driving under the influence. At trial, the defendant made a motion to suppress which [34] was denied and he “waived jury trial” by affixing his signature and by a box indicating waiver being checkmarked in open court. After a finding of guilt, the court granted a new trial for having not allegedly conducted a colloquy as to whether waiver was freely and voluntarily given. This appeal followed.

There is no legal requirement for the court to inquire as to whether a written waiver was given freely and voluntarily. Dumas v State, 439 So.2d 246, 251 (Fla. 3d DCA 1983).

The rulings of the lower court, granting a new trial, is reversed with instructions to reinstate the original verdict.

REVERSED and REMANDED.

State v. Reimer, 48 Fla. Supp. 2d 33 (Fla. Super. Ct. 1991).

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Opinion

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