State Ex Rel. Gerstein v. Baker, 339 So. 2d 271

PER CURIAM.

On September 9, 1976, the relator, Richard E. Gerstein, State Attorney of the Eleventh Judicial Circuit of Florida, filed a suggestion for writ of prohibition seeking to prohibit the respondents, judges of the Circuit Court of the Eleventh Judicial Circuit of Florida, from exercising jurisdiction of a cause without a jury where the State had not consented to such proceeding.

Florida R.Crim.P. 3.260, Waiver of Jury Trial, provides in toto:

A defendant may in writing waive a jury trial with the consent of the State. [Emphasis added.] 34 Fla. Stat. Ann. 38 (1975).

This rule was recently interpreted by us in Thomas v. State, 328 So.2d 545 (Fla. 3d DCA 1976), and we follow our holding in that decision, to-wit: the state must consent to a waiver of a jury trial sought by a defendant.

We therefore order that the writ of prohibition sought by the relator be issued and made absolute.

Case Details

Case Name: State Ex Rel. Gerstein v. Baker

Court Name: District Court of Appeal of Florida

Date Published: Nov 9, 1976

Citations: 339 So. 2d 271; 76-1720

Docket Number: 76-1720

Court Abbreviation: Fla. Dist. Ct. App.