Legal Opinion
Torres v. State
District Court of Appeal of Florida
Decided August 31, 2010No. 1D09-1320PublishedCited by 4 opinions
1Opinion of the CourtBenton, J.
On direct appeal of convictions and concurrent sentences — five years in prison for failing to report a change in address in violation of section 943.0435(9), Florida Statutes (2007), and eleven months 29 days in jail for giving a false name to a law enforcement officer in violation of section 901.36(1), Florida Statutes (2007) — Fredis Espinal Torres maintains the trial court erred in convicting him after a bench trial, in the absence of a valid waiver of his right to trial by jury. We reverse and remand for a new trial.
The Florida Constitution provides that the “right of trial by jury shall…
2Cases cited9 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Tucker v. StateSupreme Court of Florida · 1990
- Blair v. StateSupreme Court of Florida · 1997
- State v. UptonSupreme Court of Florida · 1995
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Martha Miles v. City of Edgewater Police DepartmentDistrict Court of Appeal of Florida · 2016
- Westberry v. StateDistrict Court of Appeal of Florida · 2018
- Haynes v. StateDistrict Court of Appeal of Florida · 2010
- Rayne Easton Szwec v. State of FloridaDistrict Court of Appeal of Florida · 2025