KENNETH CARROLL KINSER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1974-02-26
No. 73-403
Before PEARSON, CARROLL and HENDRY, JJ.
291 So. 2d 80 Florida District Court of Appeal, Third District (1974) Negative Treatment
Cited by 18 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant was convicted of manslaughter upon an information charging him with second degree murder. He was sentenced to five years imprisonment.

On this appeal, the appellant seeks reversal on the ground that the trial judge did not adequately determine whether appellant’s waiver of his right to a jury trial was made voluntarily.

The record demonstrates that appellant’s trial counsel orally waived jury trial, and the court ordered the appellant to sign a written waiver in open court. We think there has been full compliance with CrPR 3.260, 33 F.S.A., in this cause, and no reversible error has been shown. See Quartz v. State, Fla.App.1972, 258 So. 2d 283.

Therefore, the judgment and sentence are affirmed.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Dumas v. State, 439 So. 2d 246 (Fla. 3d DCA 1983)
    …, 401 So. 2d 1139 (Fla. 3d DCA 1981); Sessums v. State, 404 So. 2d 1074 (Fla. 3d DCA 1981); Durcan v. State, 383 So. 2d 248 (Fla. 3d DCA), rev. denied, 389 So. 2d 1109 (Fla. 1980); Russell v. State, 342 So. 2d 96 (Fla. 3d DCA 1977); Kinser v. State, 291 So. 2d 80 (Fla. 3d DCA), cert. denied, 297 So. 2d 832 (Fla. 1974), cert. denied, 420 U.S. 972, 95 S.Ct. 1393, 43 L.Ed.2d 652 (1975). The previously cited cases rely upon Quartz v. State, 258 So. 2d 283 (Fla. 3d DCA), cert. denied, 263 So. 2d 825 (Fla. 1972),…
  • Tosta v. State, 352 So. 2d 526 (Fla. 4th DCA 1977)
    …he defendant’s concurrence in his counsel’s waiver, or that he understood what was meant by waiver of a jury trial, that there was no valid waiver. Compare: State v. Garcia, supra; Quartz v. State, 258 So. 2d 283 (Fla. 3d DCA 1972); Kinser v. State, 291 So. 2d 80 (Fla. 3d DCA 1974); Wallace v. State, 319 So. 2d 117 (Fla. 3d DCA 1975); Harris v. State, 342 So. 2d 97 (Fla. 3d DCA 1977). REVERSED and REMANDED. DOWNEY and LETTS, JJ., concur.…
  • Russell v. State, 342 So. 2d 96 (Fla. 3d DCA 1977)
    …written waiver. The waiver of jury trial was sufficient in all respects. See Jones v. State, 155 Fla. 558, 20 So. 2d 901; Parks v. State, 263 So. 2d 642 (Fla.3d DCA 1972); see also Quartz v. State, 258 So. 2d 283 (Fla.3d DCA 1972); Kinser v. State, 291 So. 2d 80 (Fla.3d DCA 1974). The trial court is vested with broad discretion in determining the conditions of probation; however, such discretion is not unbridled. The purpose of probation is primarily to rehabilitate and not primarily to punish. Kominsky v.…

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