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WRIGHT v. STATE

No. 94-2435.

649 So.2d 365 (1995)

Calvin WRIGHT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 15, 1995.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Andrew M. Teschner, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joni Braunstein, Asst. Atty. Gen., for appellee.

Before NESBITT, BASKIN and GERSTEN, JJ.

PER CURIAM.

CONFESSION OF ERROR

The state correctly concedes that the trial court erred in conducting a bench trial even though defendant did not waive his right to a jury trial. Tucker v. State, 559 So.2d 218 (Fla. 1990). The record contains "no written waiver of a jury trial and the trial court failed to inquire into the defendant's waiver of a jury trial... ." Tucker, 559 So.2d at 220. We, therefore...

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