SYLVESTER SHULER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant's conviction for dealing in stolen property is reversed because the trial court failed to establish a valid waiver of jury trial through either written waiver or personal inquiry on the record.
A defendant is entitled to reversal of a non-jury trial conviction when the record contains no written waiver of jury trial and the trial court failed to personally inquire whether the defendant knowingly, intelligently, and voluntarily waived his right to jury trial.
[1] A defendant is entitled to reversal of a non-jury trial conviction when the record contains neither a written waiver of jury trial nor evidence that the trial court condu…
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Join FLexlaw to unlock all legal intelligence“a defendant's knowing, voluntary, and intelligent waiver of jury trial must affirmatively appear in the record”
Establishing the standard for valid jury trial waiver
Sylvester Shuler was convicted of dealing in stolen property following a bench trial. The trial court proceeded without obtaining a written waiver of …
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BOARDMAN, EDWARD F., (Ret.) Judge.
Sylvester Shuler challenges his conviction and sentence for dealing in stolen property, contending that the trial court erred in proceeding with a bench trial without first establishing that Shuler validly had waived his right to a jury trial. We agree with Shuler’s contention and reverse.
It is clear that a defendant’s knowing, voluntary, and intelligent waiver of jury trial must affirmatively appear in the record. Johnson v. State, 411 So. 2d 1023 (Fla. 2d DCA 1982). It is also clear that a defendant is entitled to reversal of his non-jury trial conviction when the record contains no written waiver of jury trial, as required under Florida Rule of Criminal Procedure 3.260, and the trial court has failed to inquire of the defendant 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). In the instant case, the record contains neither Shuler’s written waiver of jury trial nor evidence that the trial court conducted the personal inquiry described above before proceeding with a nonjury trial. Accordingly, we reverse Shuler's judgment and sentence and remand for a new trial.
SCHEB, A.C.J., and SCHOONOVER, J., concur.
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Citator
Cited By
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Tucker v. State, 559 So. 2d 218 (Fla. 1990)…rict courts have properly reversed convictions when the record contained no written waiver of a jury trial and the trial court failed to inquire into the defendant’s waiver of a jury trial or conducted an insufficient inquiry. E.g., Shuler v. State, 463 So. 2d 464 (Fla. 2d DCA 1985); Tosta v. State, 352 So. 2d 526 (Fla. 4th DCA 1977), cert. denied, 366 So. 2d 885 (Fla.1978). Tucker argues that, because he did not execute a written waiver, he did not knowingly and intelligently waive his right to a jury trial…
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Johnson v. State, 994 So. 2d 960 (Fla. 2008)…t courts have properly reversed convictions when the record contained no written waiver of a jury trial and the trial court failed to inquire into the defendant’s waiver of a jury trial or conducted an insufficient inquiry.” (citing Shuler v. State, 463 So. 2d 464 (Fla. 2d DCA 1985); Tosta v. State, 352 So. 2d 526 (Fla. 4th DCA 1977))). Courts in other jurisdictions have also described the denial of the right to a jury trial as structural error. See, e.g., Miller v. Dormire, 310 F. 3d 600, 604 (8th Cir. 2002…
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Jackson v. State, 468 So. 2d 346 (Fla. 1st DCA 1985)…court file jacket. Moreover, the trial court questioned appellant in open court to ascertain whether appellant’s waiver was made knowingly, intelligently, and voluntarily. Thus, a proper waiver of jury trial was executed below. See Shuler v. State, 463 So. 2d 464 (Fla. 2nd DCA 1985); Hurd v. State, 440 So. 2d 691 (Fla. 1st DCA 1983); Tosta v. State, 352 So. 2d 526 (Fla. 4th DCA 1977), cert. den., 366 So. 2d 885 (Fla.1978). The second asserted ground for potential error is likewise meritless. Appellant’s cou…
Previewing 3 of 5 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)
- Cirio v. State, 440 So. 2d 650 (Fla. 2d DCA 1983)
- Hurd v. State, 440 So. 2d 691 (Fla. 1st DCA 1983)
- Johnson v. State, 411 So. 2d 1023 (Fla. 2d DCA 1982)
- Winchel v. State, 456 So. 2d 1277 (Fla. 2d DCA 1984)