Opinion
No. 94-2435.
February 15, 1995.
An Appeal from the Circuit Court for Dade County; Richard V. Margolius, Judge.
Bennett H. Brummer, Public Defender, and Andrew M. Teschner, Sp. Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Joni Braunstein, Asst. Atty. Gen., for appellee.
Before NESBITT, BASKIN and GERSTEN, JJ.
CONFESSION OF ERROR
The state correctly concedes that the trial court erred in conducting a bench trial even though defendant did not waive his right to a jury trial. Tucker v. State, 559 So.2d 218 (Fla. 1990). The record contains "no written waiver of a jury trial and the trial court failed to inquire into the defendant's waiver of a jury trial. . . ." Tucker, 559 So.2d at 220. We, therefore, reverse the conviction and sentence and remand for trial.
Reversed and remanded.