STATE v. THORUP

No. 94-02901.

659 So.2d 1116 (1995)

STATE of Florida, Petitioner, v. Henry THORUP, Respondent.

District Court of Appeal of Florida, Second District.

July 17, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee and Patricia E. Davenport, Asst. Atty. Gen., Tampa, for petitioner.

Stephen J. Freeman, St. Petersburg, for respondent.


PER CURIAM.

The state seeks certiorari review of an order of the circuit court granting Henry Thorup's request for a nonjury trial. We grant the petition and hold that a defendant cannot waive a trial by jury without the consent of the state.

Thorup successfully argued to the circuit court that Article I, section 16(a) of the Florida Constitution,1 (the "`upon demand' language"), gives the accused a right to determine whether he...

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