Johnson v. State

OPINION OF THE COURT

MANUEL MENENDEZ, JR., Circuit Judge.

The Defendant-Appellant, Thelmo Johnson (hereafter the Defendant) was charged with shoplifting petit theft. His case was scheduled for trial January 20, 1987 on a non-jury trial docket. On the date of trial the Appellee, State of Florida (hereafter the State) was ready for trial and had all of its subpoenaed witnesses present. Prior to the *134commencement of trial, the Defendant requested a trial by jury. The defendant had not previously waived, either orally or in writing, his right to a jury trial, see Rule 3.260, Fla. Rules of Grim.…