Elmore v. State

We find no error in appellant’s convictions on the three charges on which he waived a trial by jury. After he had waived a jury for those charges, however, a new charge was added and tried nonjury, without a waiver for the new charge. We can understand why the trial court neglected to obtain a waiver, as he was advised by defense counsel that adding the new charge at the last minute would be no problem; however, the waiver of a jury trial must be by the defendant and in writing. Fla.R.Crim.P. 3.260. State v. Upton, 658 So.2d 86 (Fla.1995). We therefore reverse for a new trial the conviction…