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DURCAN v. STATE

No. 79-1211.

383 So.2d 248 (1980)

Eric Paul DURCAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 28, 1980.

Attorney(s) appearing for the Case

Weiner, Robbins, Tunkey & Ross and Jeffrey S. Weiner, Miami, for appellant.

Jim Smith, Atty. Gen. and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before BARKDULL and BASKIN, JJ., and EZELL, BOYCE F., Jr. (Ret.), Associate Judge.

BARKDULL, Judge.

The appellant was charged in 1975 by information with several crimes. He came on for trial, represented by private counsel. In his presence counsel waived, in open court, the defendant's right to a jury trial and the defendant executed the appropriate written waiver. Thereafter, he was convicted by the trial court without a jury, adjudicated and sentenced. An appeal of such conviction was made to this court. See: Durcan v. State,

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