BOOKER R. HOWARD
v.
STATE OF FLORIDA

Fla. 4th DCA | 2023-08-09
No. 2022-2247
48 Fla. L. Weekly D1104 Florida District Court of Appeal, Fourth District (2023) Positive Treatment
Cited by 1 case

Per_curiam
Per Curiam

PER CURIAM.

Defendant Booker Howard appeals his petit theft conviction following a non-jury trial. As the State concedes, the record contains no evidence of a written or oral knowing, intelligent, and voluntary waiver of jury trial. See Fla. R. Crim P. 3.260; see also Eaton v. State, 48 Fla. L. Weekly D1104 (Fla. 4th DCA May 31, 2023); Walker v. State, 149 So. 3d 170, 171 (Fla. 4th DCA 2014). Accordingly, we reverse Defendant’s conviction and sentence and remand to the county court for a jury trial, unless the defendant knowingly, intelligently, and voluntarily waives that right.

Reversed and remanded.

WARNER, CONNER and FORST, JJ., concur.


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