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DAVID HYLER, Appellant, v. STATE OF FLORIDA, Appellee.

PER CURIAM.

Appellant was convicted after a non-jury trial of aggravated child abuse. As the state concedes in its brief, this conviction must be reversed. The record contains no written waiver of jury trial; nor did the trial court conduct an inquiry on the record that appellant voluntarily, knowingly, and intelligently waived his right to a jury trial. See Tucker v. State, 559 So.2d 218 (Fla. 1990); Sinkfield v. State, 681 So.2d 838 (Fla. 4th DCA 1996). We find no error in the trial court's denial of appellant's motion for judgment of acquittal.

REVERSED.

GUNTHER, FARMER and GROSS, JJ., concur.

NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.

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HYLER v. STATE, 98-0049 (Fla.App. 4 Dist. 5-19-1999)
(May 19, 1999)