State v. Reimer

Florida Circuit Courts

State v. Reimer

48 Fla. Supp. 2d 33

CourtCircuit Court for the Judicial Circuits of Florida

DecidedMay 24, 1991

DocketCase No. 89-094-AC

StatusPublished

This text of 48 Fla. Supp. 2d 33 (State v. Reimer) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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]*34was 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]*34was 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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Bluebook (online)

48 Fla. Supp. 2d 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reimer-flacirct-1991.

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