State v. Thorup

The state seeks certiorari review of an order of the circuit court granting Henry Thorup’s request for a nonjury trial. We grant the petition and hold that a defendant cannot waive a trial by jury without the consent of the state.

Thorup successfully argued to the circuit court that Article I, section 16(a) of the Florida Constitution,1 (the “ ‘upon demand’ language”), gives the accused a right to determine whether he is to be tried by judge or jury. While the provisions of Florida Rule of Criminal Procedure 3.260 require the consent of the state to the waiver of a jury trial by the defendant,…