SHULER v. STATE

No. 84-1365.

463 So.2d 464 (1985)

Sylvester SHULER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 6, 1985.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Douglas P. Chanco, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Theda James Davis, Asst. Atty. Gen., Tampa, for appellee.


BOARDMAN, EDWARD F., (Ret.) Judge.

Sylvester Shuler challenges his conviction and sentence for dealing in stolen property, contending that the trial court erred in proceeding with a bench trial without first establishing that Shuler validly had waived his right to a jury trial. We agree with Shuler's contention and reverse.

It is clear that a defendant's knowing, voluntary, and intelligent waiver of jury trial must affirmatively appear in the record. Johnson...

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