PRYCODZIEN v. GARRETT

No. 83-1845.

440 So.2d 415 (1983)

Joseph PRYCODZIEN, Petitioner, v. Eugene S. GARRETT, Circuit Court Judge, 17TH Judicial Circuit, in and for Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 28, 1983.


Attorney(s) appearing for the Case

William D. Moffatt, Fort Lauderdale, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for respondent.


ANSTEAD, Chief Judge.

The petitioner, Joseph Prycodzien, seeks to prohibit the trial court from trying him for grand theft without a jury. We grant the petition and hold that the petitioner is entitled to a trial by jury.

Prycodzien was charged with grand theft, a third degree felony which is punishable by up to five years in prison, a five thousand dollar fine, or both. His request for a jury trial was denied, but the trial judge promised to sentence Prycodzien...

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