Allen v. C.L.E.A.N

Full title: PAUL EDDIE ALLEN, APPELLANT, v. COMBINED LAW ENFORCEMENT AGAINST NARCOTICS…

Court: District Court of Appeal of Florida, Second District

Date published: Feb 1, 1995

650 So. 2d 144 (Fla. Dist. Ct. App. 1995)

Opinion

No. 93-04303.

February 1, 1995.

Appeal from the Circuit Court for Lee County; William J. Nelson, Judge.

Dwight M. Wells, Tampa, for appellant.

Paul E. Liles of J. Michael Hussey Associates, Fort Myers, for appellee.

FRANK, Chief Judge.

Paul Eddie Allen has appealed from a final judgment of forfeiture on the ground that the court erred by deciding the ultimate issue of forfeiture, a matter within the province of the jury. We agree and reverse.

Section 932.704(3), Florida Statutes (1993), provides as follows:

Any trial on the ultimate issue of forfeiture shall be decided by a jury, unless such right is waived by the claimant through a written waiver on the record before the court conducting the forfeiture proceeding.

See also Department of Law Enforcement v. Real Property, 588 So.2d 957 (Fla. 1991). Because Allen did not waive his right to a jury trial, we reverse the forfeiture order under review and remand for a new trial.

THREADGILL and PARKER, JJ., concur.