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STATE v. UPTON

No. 84732.

658 So.2d 86 (1995)

STATE of Florida, Petitioner, v. John Wayne UPTON, Respondent.

Supreme Court of Florida.

July 20, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen.; James W. Rogers, Sr. Asst. Atty. Gen., Tallahassee Bureau Chief, Crim. Appeals, and Patrick Martin, Asst. Atty. Gen., Tallahassee, for petitioner.

Nancy A. Daniels, Public Defender and Jamie Spivey, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

GRIMES, Chief Justice.

We have for review the following question certified to be of great public importance:

Does a lawyer's written waiver of jury trial on behalf of his client validly waive the defendant's right to a jury trial where there is no indication in the record that the defendant agreed to the written waiver or otherwise made a knowing, voluntary and intelligent waiver of his right to a trial by jury?...

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