Harris v. State

Full title: JOHNNY C. HARRIS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Oct 24, 1973

284 So. 2d 410 (Fla. Dist. Ct. App. 1973)

Opinion

No. 73-672.

October 24, 1973.

Appeal from Criminal Court of Record, Dade County; Alfonso C. Sepe, Judge.

Phillip A. Hubbart, Public Defender, and Mark King Leban, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., and Linda C. Hertz (Legal Intern), for appellee.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.

PER CURIAM.

This is an appeal from the trial court's denial of defendant's motion to withdraw his waiver of jury in a criminal trial.

The state has conceded in its brief that the trial court erred in denying defendant's motion and we are in accord with the state's view. Floyd v. State, Fla. 1956, 90 So.2d 105.

The judgment and sentence appealed are reversed with directions to grant defendant a new trial.

Reversed with directions.