ALLEN v. STATE

No. 4D06-1035.

938 So.2d 653 (2006)

DEVORIS ALLEN, TRAVIS EDWARDS and JEFFERY LEON BROWNING, JR., Appellants, v. STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, Fourth District.

October 11, 2006.


Attorney(s) appearing for the Case

Ira D. Karmelin, West Palm Beach, for appellants.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Thomas A. Palmer, Assistant Attorney General, West Palm Beach, for appellee.


MAY, J.

The defendants appeal their convictions and sentences for attempted robbery. In their second issue, they argue that the absence of a valid waiver of jury trial requires a reversal. The State agrees that the record fails to contain "either a written or oral waiver of a jury trial" by any of the defendants. We therefore reverse and remand the case for a new trial. Cf. Tucker v. State, 559 So.2d 218 (Fla. 1990) (opining...

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