RODNEY MICKENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SHAHOOD, J.
Appellant, Rodney Mickens, appeals his conviction and sentence on the charge of driving while license revoked (habitual), in violation of section 322.34(5), Florida Statutes, punishable as a third degree felony following a non-jury trial.
Appellee, State of Florida, concedes, and we agree, that this conviction must be reversed and remanded for a new trial. The record in this case neither contains a written waiver of a jury trial nor does it reflect that the trial court conducted an oral inquiry as to whether appellant knowingly, intelligently, and voluntarily waived his right to a jury trial. See Tucker v. State, 559 So. 2d 218 (Fla.1990); Hyler v. State, 732 So. 2d 1208 (Fla. 4th DCA 1999); Sinkfield v. State, 681 So. 2d 838 (Fla. 4th DCA 1996).
Finding no error in the other issues raised by appellant in this appeal, we affirm as to those issues.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED FOR NEW TRIAL.
STONE and HAZOURI, JJ., concur.
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Citator
Cited By
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State v. Goode, 830 So. 2d 817 (Fla. 2002)…rty-day time limit in section 394.916(1) should be construed as mandatory or directory. See Kinder v. State, 779 So. 2d 512, 515 (Fla. 2d DCA 2000) (mandatory); State v. Osborne, 781 So. 2d 1137, 1138 (Fla. 5th DCA 2001) (directory); State v. Reese, 773 So. 2d 655, 657 (Fla. 1st DCA 2000) (directory). * For example, we find the reasoning in the Second District’s opinion in Kinder on this issue to be on point and compelling: Under the Act, once a commitment petition is filed and probable cause is found to ex…
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State v. Osborne, 781 So. 2d 1137 (Fla. 5th DCA 2001)…stant facts, we construe the instant language as being directory because the quoted provision is a time provision with no specified consequences for non-compliance. The First and Fourth Districts have reached the same conclusion. In State v. Reese, 773 So. 2d 655, 657 (Fla. 1st DCA 2000) the First District specifically held that, since under the express terms of the Act the time of commencement of trial may be extended for good cause, the statutory thirty-day time limitation is directory and does not establi…1 / 2
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Willis v. State, 931 So. 2d 1059 (Fla. 4th DCA 2006)…d of a written waiver of a jury trial, nor did the record reflect the trial court conducted an inquiry as to whether Appellant knowingly, intelligently, and voluntarily waived jury trial. Tucker v. State, 559 So. 2d 218 (Fla.1990); Mickens v. State, 773 So. 2d 655 (Fla. 4th DCA 2000); Hyler v. State, 732 So. 2d 1208 (Fla. 4th DCA 1999). All other issues are moot. Reversed and remanded for a new trial. STONE, POLEN and FARMER, JJ., concur.…
Authorities Cited
- Tucker v. State, 559 So. 2d 218 (Fla. 1990)
- Sinkfield v. State, 681 So. 2d 838 (Fla. 4th DCA 1996)
- Booker Birdsong, Jr. v. State, 732 So. 2d 1208 (Fla. 3d DCA 1999)