RAYNE EASTON SZWEC
v.
STATE OF FLORIDA
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A bench trial conducted without a valid written waiver or proper oral colloquy establishing the defendant's knowing and voluntary waiver of jury trial rights requires reversal and remand for a new trial.
[1] A bench trial may not proceed without either a written waiver of jury trial rights or a documented oral waiver obtained after the trial court has conducted a proper collo…
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Join FLexlaw to unlock all legal intelligence“Because the record does not contain a written waiver from Szwec or any showing that he orally waived his right to a jury trial after a proper colloquy with the trial court, we must reverse his judgment, vacate his sentence, and remand for a new trial.”
Court's explanation for the reversal decision
Rayne Easton Szwec was convicted following a bench trial of burglary of a dwelling while armed with a firearm and possession of a firearm by a convict…
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January 2, 2025 RAY, J.
Rayne Easton Szwec challenges his convictions for burglary of a dwelling while armed with a firearm and possession of a firearm by a convicted felon from another state. He argues, in part, that the trial court committed reversible error by holding a bench trial without obtaining a valid waiver of his right to a jury trial. We accept the State’s confession of error. Because the record does not contain a written waiver from Szwec or any showing that he orally waived his right to a jury trial after a proper colloquy with the trial court, we must reverse his judgment, vacate his sentence, and remand for a new trial. See Johnson v. State, 994 So. 2d 960, 963 (Fla. 2008); Torres v State, 43 So. 3d 831, 833 (Fla. 1st DCA 2010); Sansom v. State, 642 So. 2d 631, 632 (Fla. 1st DCA 1994). In view of the foregoing, we need not reach the remaining issues.
REVERSED in part, VACATED in part, and REMANDED.
B.L. THOMAS and NORDBY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Johnson v. State, 994 So. 2d 960 (Fla. 2008)
- Sansom v. State, 642 So. 2d 631 (Fla. 1st DCA 1994)
- Fredis Torres v. State, 43 So. 3d 831 (Fla. 1st DCA 2010)