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MILLER v. STATE

No. 96-2174.

700 So.2d 101 (1997)

Michael MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 7, 1997.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Angela Shelley, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

After a careful review of the entire record in this case, we reject the appellant's argument that his conviction herein was barred by collateral estoppel. Nevertheless, we reverse the appellant's conviction and remand this case to the trial court for a new trial because the record does not reveal that the appellant knowingly, intelligently, and voluntarily waived his right to a trial by jury. See State v. Upton, 658 So.2d 86

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