ROBINSON v. STATE

No. 95-2898.

674 So.2d 160 (1996)

David ROBINSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 12, 1996.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Suzanne M. Froix, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for appellee.

Before JORGENSON, COPE and GERSTEN, JJ.


PER CURIAM.

Following a bench trial, David Robinson appeals from judgments of conviction and sentences for grand theft and possession of marijuana. For the following reasons, we reverse and remand for a new trial.

The record fails to demonstrate that defendant knowingly and intelligently waived his right to a trial by jury. There is no written waiver. Although a written waiver is not essential, "it is better practice for trial courts to use both a personal...

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