BOBBY MORRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that an oral waiver of a jury trial requires a colloquy to ensure it is voluntary, knowing, and intelligent.
Appellant's counsel requested a non-jury trial, and the appellant orally affirmed this request. The trial court granted the request without further in…
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PER CURIAM.
In the instant case appellant argues that the trial court erred reversibly by failing to conduct a colloquy regarding his waiver of jury trial, in denying his motion for discharge under the speedy trial rule, and in denying his motion to suppress. We affirm on the latter two issues without further discussion. Because we agree that the trial court erred in failing to inquire into the voluntary and intelligent nature of appellant’s jury trial waiver, however, we reverse.
At a pre-trial conference, appellant’s counsel orally moved for a non-jury trial. Defense counsel then asked appellant if this was his request, and appellant orally affirmed. The trial court granted the request without any further inquiry of appellant, and no written waiver of jury trial was filed.
It is well-settled that the right to trial by juiy is a fundamental constitutional right, the waiver of which must be voluntary, knowing, and intelligent. Tucker v. State, 559 So. 2d 218, 219 (Fla.1990). Although Florida Rule of Criminal Procedure 3.260 requires the waiver of jury trial to be in writing, which is the better practice, a valid waiver may be made orally. Id. at 220. The trial court, however, must conduct a colloquy that “will focus a defendant’s attention on the value of a jury trial and ... make a defendant aware of the likely consequences of the waiver.” Id. See also State v. Upton, 658 So. 2d 86, 87 (Fla.1995); Sansom v. State, 642 So. 2d 631, 631-632 (Fla. 1st DCA1994).
In the instant case, the waiver of jury trial was made orally by appellant’s counsel in appellant’s presence, and appellant orally affirmed. The court, however, did not make the requisite inquiry into the knowing, intelligent, and voluntary nature of the waiver. Accordingly, the cause is reversed and remanded.
MINER, WEBSTER and MICKLE, JJ., concur.
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Fredis Torres v. State, 43 So. 3d 831 (Fla. 1st DCA 2010)…ule concerning waiver of trial by jury provides: “A defendant may in writing waive a jury trial with the consent of the state.” Fla. R.Crim. P. 3.260. Our supreme court has ruled nevertheless that no writing is necessary, see, e.g., Morris v. State, 680 So. 2d 544, 545 (Fla. 1st DCA 1996) (“a valid waiver may be made orally”), saying however: [I]t is better practice for trial courts to use both a personal on-the-record waiver and a written waiver. An appropriate oral colloquy will focus a defendant’s attenti…1 / 3
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
- Tucker v. State, 559 So. 2d 218 (Fla. 1990)
- State v. Upton, 658 So. 2d 86 (Fla. 1995)
- Sansom v. State, 642 So. 2d 631 (Fla. 1st DCA 1994)