JONES
v.
STATE OF FLORIDA
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Lando Jones appealed his conviction for drug paraphernalia possession, arguing the trial court erred by conducting a bench trial without his waiver of the right to a jury trial. The appellate court agreed and reversed, holding that a valid waiver of jury trial rights must be reflected on the record.
A trial court may not conduct a bench trial without a valid waiver of the defendant's jury trial rights. A waiver of the right to a jury trial must be reflected on the record to be valid. Because there was no record evidence of a waiver in this case, the judgment and sentence were reversible error.
[1] A waiver of a criminal defendant's constitutional right to a jury trial must be reflected on the record; absent such documented waiver, conducting a bench trial constitut…
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Join FLexlaw to unlock all legal intelligence“Criminal defendants have a constitutional right to a jury trial, under both the United States and Florida constitutions.”
Establishes the fundamental constitutional right at issue in the case
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Join FLexlaw to unlock all legal intelligenceLando Jones was convicted of possession of drug paraphernalia following a bench trial. Jones did not waive his constitutional right to a jury trial, a…
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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
LANDO JONES, Appellant,
v. STATE OF FLORIDA, Appellee.
No. 1D2023-2172
On appeal from the County Court for Bay County. Shane Vann, Judge.
February 18, 2026
PER CURIAM.
Lando Jones appeals from his judgment and sentence for possession of drug paraphernalia. He raises three issues, but we write to address only one.
Jones argues that the trial court erred by conducting a bench trial even though Jones never waived his right to a jury trial. The State concedes that this was reversible error, and we agree. Criminal defendants have a constitutional right to a jury trial, under both the United States and Florida constitutions. Amend. VI, U.S. Const.; Art. I, § 22, Fla. Const. A defendant may waive his right to a jury trial, “provided that the waiver is reflected on the record." Tucker v. State, 559 So. 2d 218, 219–20 (Fla. 1990). Here, there is no record evidence that Jones ever waived his right to a jury trial. Thus, we REVERSE Jones' judgment and sentence.
KELSEY, M.K. THOMAS, and LONG, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Jessica J. Yeary, Public Defender, and Danielle Jorden, Assistant Public Defender, Tallahassee, for Appellant.
James Uthmeier, Attorney General, and Miranda Lee Butson, Assistant Attorney General, Tallahassee, for Appellee.