Smith v. State

NORTHCUTT, Chief Judge.

The trial court held a bench trial on Ronnie Smith’s criminal charge without obtaining an effective waiver of Smith’s right to a jury trial. Therefore, we must reverse Smith’s conviction and remand for a new trial.

Smith was charged with violating section 812.155(3), Florida Statutes (2005), for failing to return a cement mixer he leased from Taylor Rental in September 2005. At a pretrial conference, Smith’s attorney announced that the defense was stipulating to a bench trial in exchange for the prosecutor’s agreement not to seek jail time if Smith lost at trial. Smith…