WAYNE EUGENE RACINE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Wayne Racine was convicted after a bench trial of battery offenses, but the trial court failed to obtain a valid waiver of his constitutional right to a jury trial. The court reverses his convictions because only the defendant's written signature or oral waiver after proper colloquy satisfies the waiver requirement, not merely his attorney's motion.
The trial court erred in conducting a bench trial without a valid waiver. A valid waiver of the right to jury trial requires either a written waiver signed by the defendant personally or an oral waiver by the defendant after a proper colloquy with the trial judge. An attorney's motion alone does not constitute a valid waiver.
[1] A defendant's right to a jury trial is a fundamental constitutional guarantee.
[2] A valid waiver of the right to a jury trial in a criminal case requires either a written waiver signed by the defendant or an oral waiver after a proper colloquy with the…
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Join FLexlaw to unlock all legal intelligence“[A] defendant's right to a jury trial is indisputably one of the most basic rights guaranteed by our constitution.”
Establishes the fundamental importance of the jury trial right in Florida constitutional law
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Join FLexlaw to unlock all legal intelligenceWayne Racine was charged with battery of a person sixty-five years old or older and battery. His attorney filed a written motion waiving a jury trial,…
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The defendant, Wayne Racine, was convicted after a bench trial of the crimes of battery of a person sixty-five years old or older and battery. His attorney apparently filed a written motion waiving a jury trial, and the trial court entered an order granting that motion. Racine complains, and properly so, that he did not waive his right to a jury trial and seeks reversal of his convictions and a new trial.
The Florida Constitution guarantees to each citizen that the “[t]he right of trial by jury shall be secure to all and remain inviolate.” Art. I, § 22, Fla. Const.; see also Art. I, § 16, Fla. Const. (providing that the accused shall “have a speedy and public trial by impartial jury”). “[A] defendant’s right to a jury trial is indisputably one of the most basic rights guaranteed by our constitution.... ” State v. Griffith, 561 So.2d 528, 530 (Fla.1990).1 This guarantee is also contained in the United States Constitution.2
The error committed by the trial court is that it conducted a bench trial without obtaining a proper waiver from Racine of his right to trial by jury. For a waiver of the right to jury trial to be valid, a waiver form must be signed by the defendant or the defendant must orally waive that right after a proper colloquy with the trial court. Johnson v. State, 994 So.2d 960 (Fla.2008); Smith v. State, 9 So.3d 702, 704 (Fla. 2d DCA 2009) (“A valid waiver of a criminal defendant’s right to a jury trial requires either a written waiver signed by the defendant or the defendant’s oral waiver after a proper colloquy with the trial judge.”).
The record before us contains neither a written waiver form nor a transcript showing that Racine orally waived his right to a jury trial before the trial court. The motion signed by Racine’s attorney does not constitute a proper and valid waiver by *957Racine. See State v. Upton, 658 So.2d 86 (Fla.1995). We note, parenthetically, that the State concedes the error. Accordingly, we reverse Racine’s convictions and sentences.
REVERSED and REMANDED.
PALMER and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Walker v. State, 149 So. 3d 170 (Fla. 4th DCA 2014)…review of the record, trial transcript, and pre-trial hearing transcripts confirms that a valid waiver — written or oral — was never consummated. Florida courts have treated this type of error as per se reversible error. See, e.g., Racine v. State, 16 So. 3d 955, 956-57 (Fla. 5th DCA 2009) (reversing battery convictions where state conceded error and record did not contain a written waiver or evidence of a valid oral waiver of jury trial); Babb v. State, 736 So. 2d 35, 36 (Fla. 4th DCA 1999) (“The absence f…
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Fredis Torres v. State, 43 So. 3d 831 (Fla. 1st DCA 2010)…aiver nor an oral waiver in open court. “For a waiver of the right to jury trial to be valid, a waiver form must be signed by the defendant or the defendant must orally waive that right after a proper colloquy with the trial court.” Racine v. State, 16 So. 3d 955, 956 (Fla. 5th DCA 2009). At the bench trial, the record is devoid of any mention of waiver of the right to a jury trial. The cases are clear that mere failure to object to a bench trial does not constitute a valid waiver of the right to trial by j…
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Riccardo v. State, 69 So. 3d 982 (Fla. 5th DCA 2011)…PER CURIAM. We grant the petition for habeas corpus relief seeking a belated appeal. We review the order denying Petitioner’s rule 3.850 motion on the merits and affirm. See Johnson v. State, 994 So. 2d 960, 963 (Fla.2008); Racine v. State, 16 So. 3d 955, 956 (Fla. 5th DCA 2009); Hall v. State, 853 So. 2d 546, 549 (Fla. 1st DCA 2003). PETITION GRANTED; AFFIRMED. MONACO, TORPY and LAWSON, JJ., concur.…
Authorities Cited
- Aaron v. State, 284 So. 2d 673 (Fla. 1973)
- State v. Griffith, 561 So. 2d 528 (Fla. 1990)
- State v. Upton, 658 So. 2d 86 (Fla. 1995)
- Whirley v. State, 450 So. 2d 836 (Fla. 1984)
- Aaron v. State, 345 So. 2d 641 (Fla. 1977)
- Johnson v. State, 994 So. 2d 960 (Fla. 2008)
- Reed v. State, 470 So. 2d 1382 (Fla. 1985)
- Smith v. State, 9 So. 3d 702 (Fla. 2d DCA 2009)
- Burns v. State, 9 So. 3d 702 (Fla. 1st DCA 2009)