Johnson v. State

411 So.2d 1023 (1982)

Virgil JOHNSON, Appellant,

v.

STATE of Florida, Appellee.

No. 81-1045.

District Court of Appeal of Florida, Second District.

March 31, 1982.

Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.

HOBSON, Acting Chief Judge.

Following a nonjury trial, appellant was convicted of arson and sentenced to five years imprisonment. We find that there was no valid waiver of appellant's right to a jury trial and reverse.

Appellant was not present at the…