Barnum v. State

Full title: FRANK BARNUM, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Jun 12, 1995

655 So. 2d 1307 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1148.

June 12, 1995.

An appeal from the Circuit Court for Leon County. J. Lewis Hall, Judge.

Nancy A. Daniels, Public Defender, Chet Kaufman, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Daniel A. David, Sr. Asst. Atty. Gen., Tallahassee, for appellee.

WOLF, Judge.

Appellant challenges his conviction and sentence following a nonjury trial. As the record does not contain any evidence of a knowing waiver of the appellant's constitutional right to a jury trial, we must reverse. The state concedes that a new trial must be granted. See Tucker v. State, 559 So.2d 218 (Fla. 1990); Sansom v. State, 641 So.2d 201 (Fla. 1st DCA 1994).

REVERSED AND REMANDED FOR A NEW TRIAL.

WEBSTER and LAWRENCE, JJ., concur.