HOWARD v. STATE (2023)

District Court of Appeal of Florida, Fourth District.

Booker R. HOWARD, Appellant, v. STATE of Florida, Appellee.

No. 4D22-2247

Decided: August 09, 2023

Gordon Weekes, Public Defender, and Lisa S. Lawlor, Assistant Public Defender, Fort Lauderdale, for appellant. Ashley Moody, Attorney General, Tallahassee, and Pablo Tapia, Assistant Attorney General, West Palm Beach, for appellee.

ON CONFESSION OF ERROR

Defendant Booker Howard appeals his petit theft conviction following a non-jury trial. As the State concedes, the record contains no evidence of a written or oral knowing, intelligent, and voluntary waiver of jury trial. See Fla. R. Crim P. 3.260; see also Eaton v. State, 48 Fla. L. Weekly D1104 (Fla. 4th DCA May 31, 2023); Walker v. State, 149 So. 3d 170, 171 (Fla. 4th DCA 2014). Accordingly, we reverse Defendant's conviction and sentence and remand to the county court for a jury trial, unless the defendant knowingly, intelligently, and voluntarily waives that right.

Reversed and remanded.

Per Curiam.

Warner, Conner and Forst, JJ., concur.

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