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Fonseca-Perez v. State

District Court of Appeal of Florida, Second District
Mar 4, 2005
894 So. 2d 313 (Fla. Dist. Ct. App. 2005)

Opinion

No. 2D03-5542.

March 4, 2005.

Appeal from the Circuit Court for Hillsborough County; William Fuente, Judge.

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and C. Suzanne Bechard, Assistant Attorney General, Tampa, for Appellee.


Rolando Fonseca-Perez appeals his conviction for exploitation of a disabled adult following a nonjury trial. He raises two issues, only one of which has merit.

Fonseca-Perez argues that he did not waive his right to a jury trial. Florida Rule of Criminal Procedure 3.260 requires a written waiver of trial by jury. The rule may also be satisfied by an oral waiver on the record. Tucker v. State, 559 So.2d 218 (Fla. 1990). The State concedes that because neither a written nor an oral waiver appears in this record, Fonseca-Perez is entitled to a new trial. See Gyulveszi v. State, 805 So.2d 84, 86 (Fla. 2d DCA 2002).

Reversed and remanded.

ALTENBERND, C.J., and FULMER and WHATLEY, JJ., concur.


Summaries of

Fonseca-Perez v. State

District Court of Appeal of Florida, Second District
Mar 4, 2005
894 So. 2d 313 (Fla. Dist. Ct. App. 2005)
Case details for

Fonseca-Perez v. State

Case Details

Full title:Roland FONSECA-PEREZ, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Mar 4, 2005

Citations

894 So. 2d 313 (Fla. Dist. Ct. App. 2005)