Summary
reversing a conviction and sentence where there was no was inquiry made of the defendant's waiver and the waiver was not an intelligent one
Summary of this case from Johnson v. StateOpinion
No. 87-1578.
December 27, 1988.
Appeal from the Circuit Court for Dade County, Mary Ann MacKenzie, J.
Bennett H. Brummer, Public Defender, and John H. Lipinski, Sp. Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.
Before NESBITT and FERGUSON, JJ., and ROBERT C. SCOTT, Associate Judge.
The defendant, Bassue, announced prior to trial that he wished to represent himself. Defendant then waived his right to a jury trial. The waiver, however, was made without an informed consent to a bench trial. No inquiry was made of defendant's waiver of his right to a jury trial, and the waiver was not an intelligent waiver.
Additionally, it appears that defendant was precluded from offering evidence on his own behalf.
Accordingly, the conviction and sentence are reversed and the case remanded for a new trial.