RINGEMANN v. STATE

No. 88-1859.

546 So.2d 52 (1989)

John F. RINGEMANN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 28, 1989.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.


LETTS, Judge.

The defendant, found guilty of armed kidnapping and aggravated battery, orally waived his right to a jury trial in open court and now seeks reversal because the waiver was never reduced to writing. We affirm.

It is provided in the Florida Rule of Criminal Procedure 3.260 that "[a] defendant may in writing waive a jury trial with the consent of the State." The state initially argues that the use of the word "may" rather than "shall" removes the...

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