Wolfe v. State

District Court of Appeal of Florida

Wolfe v. State

500 So. 2d 726, 12 Fla. L. Weekly 216, 1987 Fla. App. LEXIS 6269

CourtDistrict Court of Appeal of Florida

DecidedJanuary 9, 1987

DocketNo. 86-2574

StatusPublished

This text of 500 So. 2d 726 (Wolfe 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

Wolfe v. State, 500 So. 2d 726, 12 Fla. L. Weekly 216, 1987 Fla. App. LEXIS 6269 (Fla. Ct. App. 1987).

Pincite

Opinion

LEHAN, Judge.

Linda Rene Wolfe petitions for a writ of certiorari from an appellate decision of the Circuit Court of Charlotte County which affirmed without opinion her county court misdemeanor conviction for battery.

The state attorney has conceded that Wolfe was tried without a jury, that she signed no written waiver of jury trial as provided in rule 3.260, Florida Rules of Criminal Procedure, and that the trial court did not conduct a colloquy with her concerning the voluntariness of any such waiver.

Wolfe contends that under these circumstances her nonjury trial constituted a departure from the essential requirements of law. We agree. See Shuler v. State, 463 So.2d 464 (Fla. 2d DCA 1985).

The petition for writ of certiorari is granted, the circuit court’s affirmance is quashed, the conviction is reversed, and the cause is remanded for a new trial.

DANAHY, C.J., and RYDER, J., concur.

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