Solis v. State

We reverse appellant’s conviction following a nonjury trial because there was no valid waiver of jury trial by appellant, either orally or in writing. The record shows that only appellant’s counsel advised the court that appellant was waiving a jury. This, as the state recognizes in its concession of error, is insufficient. Babb v. State, 736 So.2d 35 (Fla. 4th DCA 1999). Reversed.

POLEN, C.J., KLEIN and SHAHOOD, JJ., concur.