Legal Opinion · Concurrence

Washington v. State

District Court of Appeal of Florida

Decided August 4, 1981No. Nos. 78-706, 79-24Published

1ConcurrenceDaniel S. Pearson, Judge

The record reflects that the information was stamped “Waived Trial by Jury With Approval of Court and Consent of State,”1 below which words appeared the signature “Willie R. Washington, Jr.” The record is otherwise silent as to what prompted Washington to sign the waiver. Thus, the present case is indistinguishable from Viggiani v. State, 390 So.2d 147 (Fla. 3d DCA 1980), the impact of which, in my view, *523cannot be avoided by the majority’s statement that notwithstanding the rule of Vig-giani, “it is clear that the defendant’s constitutional rights were fully protected.” The Viggiani rule…

2Cases cited4 opinions

  1. Willie George Reese v. Louie L. WainwrightCourt of Appeals for the Fifth Circuit · 1979
  2. Viggiani v. StateDistrict Court of Appeal of Florida · 1980
  3. Vaccaro v. StateSupreme Court of Florida · 1942
  4. Wilson v. StateDistrict Court of Appeal of Florida · 1964

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