SMITH v. STATE

No. 2D07-1446.

9 So.3d 702 (2009)

Ronnie SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 17, 2009.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Chief Judge.

The trial court held a bench trial on Ronnie Smith's criminal charge without obtaining an effective waiver of Smith's right to a jury trial. Therefore, we must reverse Smith's conviction and remand for a new trial.

Smith was charged with violating section 812.155(3), Florida Statutes (2005), for failing to return a cement mixer he leased from Taylor Rental in September 2005. At a pretrial conference, Smith's attorney announced that...

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