JAHLEEL TAFARI EATON
v.
STATE OF FLORIDA
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A conviction following a non-jury trial must be reversed when the record lacks both a written waiver of jury trial and a trial judge's colloquy establishing that the waiver was made voluntarily, knowingly, and intelligently.
[1] A trial court's judgment following a non-jury trial must be reversed where the record contains neither a written waiver of jury trial complying with Florida Rule of Crimi…
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Join FLexlaw to unlock all legal intelligence“the record reflects neither a written waiver of jury trial, see Fla. R. Crim. P. 3.260, nor the trial judge's colloquy with Eaton demonstrating that his waiver of a jury trial was voluntarily, knowingly, and intelligently made”
Court's explanation of the defect requiring reversal
Jahleel Eaton was convicted of petit theft after a non-jury trial in county court. The appellate record contained no written waiver of jury trial and …
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PER CURIAM.
Jahleel Eaton appeals his conviction of petit theft after a non-jury trial. As the state concedes, the record reflects neither a written waiver of jury trial, see Fla. R. Crim. P. 3.260, nor the trial judge’s colloquy with Eaton demonstrating that his waiver of a jury trial was voluntarily, knowingly, and intelligently made. See Sinkfield v. State, 681 So. 2d 838 (Fla. 4th DCA 1996); Walker v. State, 149 So. 3d 170 (Fla. 4th DCA 2014). We therefore reverse the conviction and sentence and remand to the county court for a new trial.
Reversed and remanded.
KLINGENSMITH, C.J., WARNER and GROSS, JJ., concur.
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Citator
Authorities Cited
- Sinkfield v. State, 681 So. 2d 838 (Fla. 4th DCA 1996)
- Walker v. State, 149 So. 3d 170 (Fla. 4th DCA 2014)