Barnum v. State

WOLF, Judge. Appellant challenges his conviction and sentence following a nonjury trial. As the [1308] record does not contain any evidence of a knowing waiver of the appellant’s constitutional right to a jury trial, we must reverse. The state concedes that a new trial must be granted. See Tucker v. State, 559 So.2d 218 (Fla.1990); Sansom v. State, 641 So.2d 201 (Fla. 1st DCA 1994). REVERSED AND REMANDED FOR A NEW TRIAL. WEBSTER and LAWRENCE, JJ., concur.