Williams v. State

While appellant raises three issues on appeal, only the third issue has merit. The record contains no evidence that appellant intelligently and knowingly waived his right to a jury trial. There is no written waiver signed by appellant nor is there any indication that the judge asked appellant if he wished to waive his right to a jury trial. The only mention of a jury trial is contained in defense counsel’s statement: “I would like to try this thing nonjury.” This is not a sufficient waiver.

Under Otis v. State, 444 So.2d 1177 (Fla. 2d DCA 1984) and Cirio v. State, 440 So.2d 650 (Fla. 2d DCA…