Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

JEREMY E. MONTERO, Appellant, v. STATE OF FLORIDA, Appellee.

PATTERSON, Chief Judge.

Jeremy Montero appeals from his judgment and sentence for battery on a law enforcement officer and from the order revoking his community control. He argues, and the State concedes, that the trial court failed to question Montero to determine whether he wished to waive his right to a jury trial. Therefore, because the record fails to show that Montero validly waived his right to a jury trial, we reverse Montero's conviction for battery on a law enforcement officer. See Tucker v. State, 559 So.2d 218 (Fla. 1990) (holding that a defendant's waiver of the right to a jury trial must appear in the record). However, because Montero was not entitled to a jury trial for the violation of community control, the trial court's findings at the hearing are valid and the revocation order must stand.

Affirmed in part and reversed in part.

NORTHCUTT and STRINGER, JJ., Concur.

Use AI to get other relevant cases.

Comments

MONTERO v. STATE
(Jan 26, 2000)