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Hyler v. State

District Court of Appeal of Florida, Fourth District
May 19, 1999
732 So. 2d 1208 (Fla. Dist. Ct. App. 1999)
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Summary

concluding that a conviction must be reversed where the record contained no written waiver and did not reflect an inquiry by the trial court that the defendant voluntarily, knowingly, and intelligently waived his right to a jury trial

Summary of this case from Johnson v. State
See 1 Summary

Opinion

No. 98-0049

Opinion filed May 19, 1999

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, Howard C. Berman, Judge, L.T. Case No. 96-9658CFA02.

Philip J. Massa, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sylvie Perez-Posner, Assistant Attorney General, Fort Lauderdale, for appellee.

PER CURIAM.

Appellant was convicted after a non-jury trial of aggravated child abuse. As the state concedes in its brief, this conviction must be reversed. The record contains no written waiver of jury trial; nor did the trial court conduct an inquiry on the record that appellant voluntarily, knowingly, and intelligently waived his right to a jury trial. See Tucker v. State, 559 So.2d 218 (Fla. 1990); Sinkfield v. State, 681 So.2d 838 (Fla. 4th DCA 1996). We find no error in the trial court's denial of appellant's motion for judgment of acquittal.

REVERSED.

GUNTHER, FARMER and GROSS, JJ., concur.

Summaries of

Hyler v. State

District Court of Appeal of Florida, Fourth District
May 19, 1999
732 So. 2d 1208 (Fla. Dist. Ct. App. 1999)

concluding that a conviction must be reversed where the record contained no written waiver and did not reflect an inquiry by the trial court that the defendant voluntarily, knowingly, and intelligently waived his right to a jury trial

Summary of this case from Johnson v. State
Case details for

Hyler v. State

Case Details

Full title:DAVID HYLER, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 19, 1999

Citations

732 So. 2d 1208 (Fla. Dist. Ct. App. 1999)

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