Hyler v. State, 732 So. 2d 1208 (Fla. 4th DCA 1999). · Go Syfert
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Hyler v. State, 732 So. 2d 1208 (Fla. 4th DCA 1999). Cases Citing This Book View Copy Cite
7 citation events (4 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Johnson v. State
Fla. · 2008 · confidence medium
See, e.g., Montero v. State, 780 So.2d 917, 917 (Fla. 2d DCA 2000) (reversing the defendant's conviction because the record failed to show that the defendant validly waived his right to a jury trial); Hyler v. State, 732 So.2d 1208, 1209 (Fla. 4th DCA 1999) (concluding that a conviction must be reversed where the record contained no written waiver and did not reflect an inquiry by the trial court that the defendant voluntarily, knowingly, and intelligently waived his right to a jury trial); Gamble v. State, 696 So.2d 420, 420 (Fla. 5th DCA 1997) (holding that the failure to inform the defendan…
discussed Cited as authority (rule) Scruggs v. State
Fla. Dist. Ct. App. · 2001 · confidence medium
See Tucker v. State, 559 So.2d 218, 220 (Fla.1990) (a defendant may waive the right to a jury trial, provided the waiver is in the record); Babb v. State, 736 So.2d 35, 37 (Fla. 4th DCA 1999) ("[O]ur supreme court has made it clear that waiver of [a jury trial] may be made only by written waiver in accordance with the rule, or orally on the record after colloquy from which the court finds the waiver is voluntarily, knowingly and intelligently made."); Hyler v. State, 732 So.2d 1208, 1209 (Fla. 4th DCA 1999); Sinkfield v. State, 681 So.2d 838 (Fla. 4th DCA 1996).
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David HYLER, Appellant,
v.
STATE of Florida, Appellee.
98-0049.
District Court of Appeal of Florida, Fourth District.
May 19, 1999.
732 So. 2d 1208
Per Curiam.
Cited by 5 opinions  |  Published

Philip J. Massa, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sylvie Perez-Posner, Assistant Attorney General, Fort Lauderdale, for appellee.

PER CURIAM.

Appellant was convicted after a non-jury trial of aggravated child abuse. As the[*1209] state concedes in its brief, this conviction must be reversed. The record contains no written waiver of jury trial; nor did the trial court conduct an inquiry on the record that appellant voluntarily, knowingly, and intelligently waived his right to a jury trial. See Tucker v. State, 559 So.2d 218 (Fla.1990); Sinkfield v. State, 681 So.2d 838 (Fla. 4th DCA 1996). We find no error in the trial court's denial of appellant's motion for judgment of acquittal.

REVERSED.

GUNTHER, FARMER and GROSS, JJ., concur.