Legal Opinion

Willis v. State

District Court of Appeal of Florida

Decided July 5, 2006No. 4D05-4316Published

1Per curiam

The state concedes that Appellant’s conviction must be reversed and remanded for a new trial because the record was devoid 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.

2Cases cited3 opinions

  1. Tucker v. StateSupreme Court of Florida · 1990
  2. Hyler v. StateDistrict Court of Appeal of Florida · 1999
  3. Mickens v. StateDistrict Court of Appeal of Florida · 2000