MICHAEL C. CIRIO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant's waiver of the right to a jury trial must be affirmatively shown from the record to be knowing, voluntary, and intelligent.
The defendant's counsel indicated a waiver of jury trial at a pretrial hearing, but the trial court did not personally question the defendant about th…
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OTT, Chief Judge.
Michael Cirio appeals from his conviction of burglary. As his sole point on appeal, defendant contends that there was no valid waiver of his right to a jury trial.
Defendant appeared with his counsel at a pretrial hearing and the following occurred:
MR. BENITO: The Public Defender represents Michael Cirio.
THE COURT: Mr. Crompton, as I understand, your client is present and you do waive trial by jury?
MR. CROMPTON: Yes, sir, and request a nonjury trial date.
THE COURT: 12/9.
MR. CROMPTON: Thank you.
The trial court did not inquire of defendant personally as to whether he understood his right to a jury trial and whether he had voluntarily agreed to waive that right. No written waiver of defendant’s right to a jury trial was executed.
A defendant’s knowing, voluntary, and intelligent waiver of a jury trial must be shown affirmatively from the record below. Johnson v. State, 411 So. 2d 1023 (Fla. 2d DCA 1982). In the instant case, there is no evidence to indicate a valid waiver. Accordingly, defendant’s conviction must be reversed. Johnson. See also Tosta v. State, 352 So. 2d 526 (Fla. 4th DCA 1977), cert. denied, 366 So. 2d 885 (Fla.1978).
REVERSED.
SCHEB and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dumas v. State, 462 So. 2d 1105 (Fla. 1985)…PER CURIAM. We originally accepted jurisdiction in this cause, reported below as Dumas v. State, 439 So. 2d 246 (Fla. 3d DCA 1983), on the basis of conflict with Cirio v. State, 440 So. 2d 650 (Fla. 2d DCA 1983), and Johnson v. State, 411 So. 2d 1023 (Fla. 2d DCA 1982). Upon further review, we find that there is no conflict because of the distinctive factual circumstances in the instant case, and, consequently, no basis for this Court to…
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Sansom v. State, 642 So. 2d 631 (Fla. 1st DCA 1994)…t’s silence in court does not constitute a valid waiver of the right to a jury trial, even where such silence follows defense counsel’s oral waiver on behalf of the defendant. See Williams v. State, 521 So. 2d 268 (Fla. 2d DCA 1988); Cirio v. State, 440 So. 2d 650 (Fla. 2d DCA 1983); Tosta v. State, 352 So. 2d 526 (Fla. 4th DCA 1977), cert. denied, 366 So. 2d 885 (Fla.1978). In Florida, the applicable rule provides for a defendant’s written waiver of a jury trial. See Fla.R.Crim.P. 3.260. Although a defenda…
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Shuler v. State, 463 So. 2d 464 (Fla. 2d DCA 1985)…personally, in open court, to ascertain that he has knowingly, intelligently, and voluntarily waived his right to trial by jury. Winchel v. State, 456 So. 2d 1277 (Fla. 2d DCA 1984); Hurd v. State, 440 So. 2d 691 (Fla. 1st DCA 1983); Cirio v. State, 440 So. 2d 650 (Fla. 2d DCA 1983); Tosta v. State, 352 So. 2d 526 (Fla. 4th DCA 1977), cert. denied, 366 So. 2d 885 (Fla.1978). [*465] In the instant case, the record contains neither Shuler’s written waiver of jury trial nor evidence that the trial court conducte…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tosta v. State, 352 So. 2d 526 (Fla. 4th DCA 1977)
- Johnson v. State, 411 So. 2d 1023 (Fla. 2d DCA 1982)