Robinson v. State

Based on Tucker v. State, 559 So.2d 218 (Fla.1990), I have no alternative but to concur. I would hope, however, that at some appropriate time the Florida Supreme Court will revisit this decision.

Florida Rule of Criminal Procedure 3.260 provides, “A defendant may in writing waive a jury trial with the consent of the state.” The rule does not require any colloquy. A simple writing signed by the defendant is sufficient to waive trial by jury.

If instead of signing a written waiver form, the defendant states on the record that he is waiving trial by jury, the decision in Tucker says that the…