Eaton v. State

Full title: JAHLEEL TAFARI EATON, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fourth District

Date published: May 31, 2023

368 So. 3d 452 (Fla. Dist. Ct. App. 2023)

Opinion

No. 4D22-2796

05-31-2023

Jahleel Tafari EATON, Appellant, v. STATE of Florida, Appellee.

Carey Haughwout, Public Defender, and Mara C. Herbert, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Richard Valuntas, Senior Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Carey Haughwout, Public Defender, and Mara C. Herbert, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Richard Valuntas, Senior Assistant Attorney General, West Palm Beach, for appellee.

ON CONFESSION OF ERROR

Per Curiam.

Jahleel Eaton appeals his conviction of petit theft after a non-jury trial. As the state concedes, the record reflects neither a written waiver of jury trial, see Fla. R. Crim. P. 3.260, nor the trial judge's colloquy with Eaton demonstrating that his waiver of a jury trial was voluntarily, knowingly, and intelligently made. See Sinkfield v. State , 681 So. 2d 838 (Fla. 4th DCA 1996) ; Walker v. State , 149 So. 3d 170 (Fla. 4th DCA 2014). We therefore reverse the conviction and sentence and remand to the county court for a new trial.

Reversed and remanded.

Klingensmith, C.J., Warner and Gross, JJ., concur.