SINKFIELD v. STATE

No. 95-3354.

681 So.2d 838 (1996)

Alex SINKFIELD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 16, 1996.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Ann Ash, Assistant Attorney General, West Palm Beach, for appellee.


OWEN, WILLIAM C., Jr., Senior Judge.

Appellant, charged with a third degree felony, filed a demand for jury trial. After his counsel orally waived jury trial, appellant was tried non-jury and convicted. We reverse the judgment and remand for a new trial because the record contains neither a written waiver nor a valid oral waiver of appellant's demand for trial by jury.

A defendant charged with a criminal offense may in writing waive a jury trial with the consent...

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