JEREMY E. MONTERO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PATTERSON, Chief Judge.
Jeremy Montero appeals from his judgment and sentence for battery on a law enforcement officer and from the order revoking his community control. He argues, and the State concedes, that the trial court failed to question Montero to determine whether he wished to waive his right to a jury trial. Therefore, because the record fails to show that Montero validly waived his right to a jury trial, we reverse Montero’s conviction for battery on a law enforcement officer. See Tucker v. State, 559 So. 2d 218 (Fla.1990) (holding that a defendant’s waiver of the right to a jury trial must appear in the record). However, because Montero was not entitled to a jury trial for the violation of community control, the trial court’s findings at the hearing are valid and the revocation order must stand.
Affirmed in part and reversed in part.
NORTHCUTT and STRINGER, JJ., Concur.
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Johnson v. State, 994 So. 2d 960 (Fla. 2008)…f a jury trial as a structural defect requiring automatic reversal). Similarly, every Florida district court of appeal has issued a decision reversing a conviction obtained without a valid waiver [*971] of a jury trial. See, e.g., Montero v. State, 780 So. 2d 917, 917 (Fla. 2d DCA 2000) (reversing the defendant’s conviction because the record failed to show that the defendant validly waived his right to a jury trial); Hyler v. State, 732 So. 2d 1208, 1209 (Fla. 4th DCA 1999) (concluding that a conviction mus…
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- Tucker v. State, 559 So. 2d 218 (Fla. 1990)