TAKAWIRA MUGWADI
v.
STATE OF FLORIDA
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The Fifteenth Judicial Circuit Court reversed Takawira Mugwadi's conviction because the trial court lacked statutory authority to waive his right to a jury trial. Although the court attempted to waive the jury trial right under Florida Statutes § 918.0157 by certifying no jail time, the defendant was charged with a first-degree misdemeanor punishable by up to one year in jail, which exceeded the six-month threshold required for such waivers.
The trial court lacked statutory authority to waive the defendant's jury trial right. A defendant charged with an offense punishable by imprisonment of six months or less may have jury trial rights waived if the court certifies no jail time and no guilty adjudication; however, a first-degree misdemeanor punishable by up to one year in jail exceeds this threshold, and no valid waiver of jury trial rights appeared in the record.
[1] A defendant may waive the right to a jury trial, provided that the waiver is reflected on the record.
[2] A court lacks statutory authority to waive a defendant's right to a jury trial when the offense charged is punishable by imprisonment for more than six months.
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Join FLexlaw to unlock all legal intelligence“A defendant may waive the right to a jury trial, provided that the waiver is reflected on the record.”
Establishes the fundamental requirement that jury trial waivers must be properly documented in the record to be valid.
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Join FLexlaw to unlock all legal intelligenceTakawira Mugwadi was charged with a first-degree misdemeanor offense punishable by up to one year in jail. The trial court attempted to certify that i…
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
APPELLATE DIVISION (CRIMINAL): AC CASE NO: 502016AP900209AXXXMB L.T. NO: 502016MM004796AXXXMB
TAKAWIRA MUGWADI, Appellant,
V.
STATE OF FLORIDA, Appellee.
Opinion filed: MAY 1 1 2017
Appeal from the County Court in and for Palm Beach County, Judge Leonard Hanser
For Appellant: Nancy Jack, Esq. 421 3rd Street West Palm Beach, FL 33401 [email protected]
For Appellee: Michael Scott Del Sontro, Esq. 401 North Dixie Highway West Palm Beach, FL 33401 [email protected]
PER CURIAM.
"A defendant may waive the right to a jury trial, provided that the waiver is reflected on the record." Tucker v. State, 559 So. 2d 218, 220 (Fla.1990). Because no such waiver appears in the record before this Court, we reverse Appellant's conviction and remand this case for a new trial. Walker v. State, 149 So. 3d 170, 171 (Fla. 4th DCA 2014).
We further note that it appears the court below attempted to certify no jail time and waive Appellant's right to a jury trial pursuant to section 918.0157, Florida Statutes (2016). A defendant charged with an offense punishable by imprisonment of six months or less is not entitled to a jury trial if the court "certifie[s] that if defendant were convicted the county court
would impose no jail time nor would it adjudicate defendant guilty." Weber v. City of Fort Lauderdale, 675 So. 2d 696, 697 (Fla. 4th DCA 1996). Appellant in the instant case was charged with a first degree misdemeanor punishable by up to one year in jail, and thus the court did not have the statutory authority to waive Appellant's right to a jury trial.
As a new trial is necessary for the reasons expressed above, we find it unnecessary to reach the merits of the second issue raised on appeal.
REVERSED and REMANDED for further proceedings consistent with this opinion.
BURTON, JOHNSON, and CARACUZZO, JJ., concur. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
APPELLATE DIVISION (CRIMINAL): AC CASE NO.: 502016AP900209AXXXMB L.T. NO.: 502016MM004796AXXXMB
TAKAWIRA MUGWADI, Appellant,
V.
STATE OF FLORIDA, Appellee.
Opinion/Decision Filed: MAY 11 2017
Appeal from County Court in and for Palm Beach County, Florida; Judge Leonard Hanser
Appealed: July 18, 2016
DATE OF PANEL: APRIL 24, 2017
PANEL JUDGES: BURTON, JOHNSON, CARACUZZO
AFFIRMED/REVERSED/OTHER: REVERSED
PER CURIAM OPINION/DECISION BY: PER CURIAM
DATE CONCURRING: ) DISSENTING: ) CONCURRING SPECIALLY: ) With Opinion ) With/Without Opinion ) ) ) ) ) ) J. ) J. ) J. ) Cherif Carac ) ) ) 5/9/17.) J. ) J. ) 519173 ) ) ) J. ) J. ) J. )
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Tucker v. State, 559 So. 2d 218 (Fla. 1990)
- Walker v. State, 149 So. 3d 170 (Fla. 4th DCA 2014)
- Weber v. City OF Fort Lauderdale, 675 So. 2d 696 (Fla. 4th DCA 1996)