HURD v. STATE

No. AS-106.

440 So.2d 691 (1983)

James HURD and Earnest Hurd, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 23, 1983.


Attorney(s) appearing for the Case

Leo A. Thomas, of Levin, Warfield, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Pensacola, for appellants.

Jim Smith, Atty. Gen., Gregory C. Smith, Asst. Atty. Gen., Tallahassee, for appellee.


SHIVERS, Judge.

Brothers James and Earnest Hurd appeal their convictions and sentences for grand theft. We agree with appellant James Hurd that the trial court erred in failing to grant his motion for judgment of acquittal. We also agree with appellants that no waiver of jury trial appears in the record. Therefore, we reverse and remand.

Earnest Hurd was charged in Count I of an information with theft of a color television valued between $100 and $20,000....

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