WALEK v. STATE

No. 2D12-1662.

129 So.3d 1185 (2014)

Tomasz WALEK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 17, 2014.


Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Keith W. Upson , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Cerese Crawford Taylor , Assistant Attorney General, Tampa, for Appellee.


SILBERMAN, Judge.

Tomasz Walek seeks review of his judgment and sentence for assault with a deadly weapon and criminal mischief. We affirm Walek's convictions without discussion. But we reverse and remand for resentencing because the trial court improperly considered Walek's decision to exercise his right to a trial by jury in imposing sentence.

The charges in this case arose from an incident in which Walek threatened an SUV full of high school baseball players...

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