VIGGIANI v. STATE

No. 80-711.

390 So.2d 147 (1980)

Luis VIGGIANI, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 12, 1980.


Attorney(s) appearing for the Case

Schreiber, Lechtman, Certo & Steinberg and Michael Lechtman, North Miami Beach, for appellant.

Jim Smith, Atty. Gen. and James H. Greason, Asst. Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and NESBITT, JJ.


NESBITT, Judge.

After a non-jury trial, Viggiani was convicted of aggravated battery, aggravated assault, and unlawful possession of a weapon in connection with both.

The question before us is whether Viggiani effectively waived his right to trial by jury. Finding that he did not, we reverse and remand for a new trial.

From the record, we find that a stamp purporting to waive the right to trial by jury had been impressed upon the face of the original...

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