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ELMORE v. STATE

No. 4D00-1214.

782 So.2d 1016 (2001)

Preston ELMORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 25, 2001.

Attorney(s) appearing for the Case

Joy A. Bartmon of The Law Offices of Bartmon & Bartmon, P.A., Boca Raton, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We find no error in appellant's convictions on the three charges on which he waived a trial by jury. After he had waived a jury for those charges, however, a new charge was added and tried nonjury, without a waiver for the new charge. We can understand why the trial court neglected to obtain a waiver, as he was advised by defense counsel that adding the new charge at the last minute would be no problem; however, the waiver of a jury trial must be by the...

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