From Casetext: Smarter Legal Research

Sansom v. State

District Court of Appeal of Florida, First District
Aug 26, 1994
641 So. 2d 201 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2933.

August 26, 1994.

An appeal from the Liberty County Circuit Court; Kathleen Dekker, Judge.

Cheryl L. Gentry, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Marilyn McFadden, Asst. Atty. Gen., Tallahassee, for appellee.


The appellant was convicted of grand theft following a bench trial. At no time did the trial court obtain from appellant a written waiver of her right to a jury trial. See Fla.R.Crim.P. 3.260. Neither did the court obtain a valid oral waiver establishing that the appellant knowingly and intelligently relinquished her right to a jury trial. See Tucker v. State, 559 So.2d 218 (Fla. 1990); Otis v. State, 444 So.2d 1177 (Fla. 2d DCA 1984).

Accordingly, the appellant's conviction is reversed and the case is remanded for a new trial.

BARFIELD, MINER and MICKLE, JJ., concur.


Summaries of

Sansom v. State

District Court of Appeal of Florida, First District
Aug 26, 1994
641 So. 2d 201 (Fla. Dist. Ct. App. 1994)
Case details for

Sansom v. State

Case Details

Full title:RUBY SANSOM, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 26, 1994

Citations

641 So. 2d 201 (Fla. Dist. Ct. App. 1994)

Citing Cases

Barnum v. State

The state concedes that a new trial must be granted. See Tucker v. State, 559 So.2d 218 (Fla. 1990); Sansom…