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TOSTA v. STATE

No. 76-2242.

352 So.2d 526 (1977)

Hector Francisco TOSTA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 20, 1977.

Attorney(s) appearing for the Case

William E. Johnson of Parker, Conrad, Falkowski, Johnson & Owen, Orlando, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellee.

ALDERMAN, Chief Judge.

The defendant appeals his conviction and sentence for grand larceny. The only issue is whether there was a valid waiver of jury trial on behalf of the defendant. We find that there was not and reverse.

The following discussion occurred at the beginning of the trial:

THE COURT: Is the State ready? MR. THOMPSON (Prosecutor): The State is prepared to go forward, Your Honor. THE COURT: Are the defendants ready...

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