Florida Rule of Criminal Procedure 3.260 - WAIVER OF JURY TRIAL | Syfert Law

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Florida Rule of Criminal Procedure 3.260

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RULE 3.260. WAIVER OF JURY TRIAL

A defendant may in writing waive a jury trial with the consent
of the state.

Committee Notes

1968 Adoption. This is the same as Federal Rule of Criminal
Procedure 23(a). This changes existing law by providing for consent
of state.

1972 Amendment. Changes former rule by deleting “the
approval of the Court,” thus making trial by judge mandatory where
both parties agree. The committee felt that the matter of withdrawal
of a waiver was a matter within the inherent discretion of the trial
judge and that no rule is required.

Cases Citing Rule 3.260

Total Results: 49

Harris v. State

438 So. 2d 787

Supreme Court of Florida | Filed: Sep 8, 1983 | Docket: 1445707

Cited 49 times | Published

State, 159 Fla. 838, 32 So.2d 827 (1947); Fla.R.Crim.P. 3.260. But, for an effective waiver, there must

Category: Criminal Procedure

Tucker v. State

559 So. 2d 218, 1990 WL 40372

Supreme Court of Florida | Filed: Mar 29, 1990 | Docket: 1751588

Cited 32 times | Published

valid waiver can only be in writing, pursuant to rule 3.260. He also claims that a trial judge must, at least

Category: Criminal Procedure

State v. Terry

336 So. 2d 65

Supreme Court of Florida | Filed: Apr 22, 1976 | Docket: 2521736

Cited 30 times | Published

Defendants; Rule 3.231, Substitution of Judge; Rule 3.260, Waiver of Jury Trial; Rule 3.310, Time for Challenge;

Category: Criminal Procedure

State v. Griffith

561 So. 2d 528, 1990 WL 40363

Supreme Court of Florida | Filed: Mar 29, 1990 | Docket: 2516835

Cited 25 times | Published

. (1968), or the right to a jury trial. Fla.R.Crim.P. 3.260. (Emphasis added.) While a defendant's right

Category: Criminal Procedure

Dumas v. State

439 So. 2d 246

District Court of Appeal of Florida | Filed: Sep 13, 1983 | Docket: 1264988

Cited 20 times | Published

factual basis for the plea of guilty." In contrast, Rule 3.260 requires only a valid written waiver of jury

Category: Criminal Procedure

State v. Upton

658 So. 2d 86, 1995 WL 424175

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 1419304

Cited 19 times | Published

So.2d 1105 (Fla. 1985). While conceding that rule 3.260 "arguably requires" the waiver to be signed by

Category: Criminal Procedure

State v. Johnson

601 So. 2d 219, 1992 WL 110898

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 1305513

Cited 16 times | Published

to waive his right to a jury trial. See Fla.R.Crim.P. 3.260. Where, as here, the state fails to consent

Category: Criminal Procedure

Tosta v. State

352 So. 2d 526

District Court of Appeal of Florida | Filed: Sep 27, 1977 | Docket: 1757630

Cited 15 times | Published

waiver may be accomplished is set out in Fla.R.Crim.P. 3.260: "A defendant may in writing waive a jury

Category: Criminal Procedure

Quartz v. State

258 So. 2d 283

District Court of Appeal of Florida | Filed: Feb 15, 1972 | Docket: 1657224

Cited 15 times | Published

who understood his rights. The state relies on Rule 3.260 CrPR, 33 F.S.A., which states: "Defendant may

Category: Criminal Procedure

State v. Singletary

549 So. 2d 996, 1989 WL 101532

Supreme Court of Florida | Filed: Aug 31, 1989 | Docket: 1373722

Cited 12 times | Published

1461 (1938), or the right to a jury trial. Fla.R.Crim.P. 3.260. The defendant may even waive the right to

Category: Criminal Procedure

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

makes no recommendation with respect thereto. RULE 3.260. WAIVER OF JURY TRIAL A defendant may in writing

Category: Criminal Procedure

Gallo v. State

491 So. 2d 541, 11 Fla. L. Weekly 323

Supreme Court of Florida | Filed: Jul 17, 1986 | Docket: 1721969

Cited 9 times | Published

to waive his right to a jury trial. See Fla.R.Crim.P. 3.260. Where, as here, the state fails to consent

Category: Criminal Procedure

Powers v. State

370 So. 2d 854

District Court of Appeal of Florida | Filed: May 8, 1979 | Docket: 1722681

Cited 9 times | Published

in the county where the crime was committed." "Rule 3.260. Waiver of Jury Trial A defendant may in writing

Category: Criminal Procedure

Sansom v. State

642 So. 2d 631, 1994 WL 497416

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 1419308

Cited 8 times | Published

defendant's written waiver of a jury trial. See Fla.R.Crim.P. 3.260. Although a defendant's oral waiver may suffice

Category: Criminal Procedure

State Ex Rel. Bludworth v. Kapner

394 So. 2d 541

District Court of Appeal of Florida | Filed: Feb 25, 1981 | Docket: 1692186

Cited 8 times | Published

a prerequisite for an effective waiver. Fla.R.Crim.P. 3.260. More importantly, a defendant is not entitled

Category: Criminal Procedure

Ortiz v. State

9 So. 3d 774, 2009 Fla. App. LEXIS 6901, 2009 WL 1531634

District Court of Appeal of Florida | Filed: Jun 3, 2009 | Docket: 60309092

Cited 7 times | Published

a lawyer or the right to a jury trial. Fla. R.Crim. P. 3.260. Griffith, 561 So.2d at 530 (citation omitted)

Category: Criminal Procedure

Blair v. State

667 So. 2d 834, 1996 WL 6544

District Court of Appeal of Florida | Filed: Jan 10, 1996 | Docket: 1511528

Cited 7 times | Published

though there was no written waiver as required by rule 3.260. However, the supreme court emphasized that:

Category: Criminal Procedure

Sinkfield v. State

681 So. 2d 838, 1996 WL 590628

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 1385394

Cited 6 times | Published

jury trial with the consent of the state (Fla.R.Crim.P. 3.260), or orally on the record after colloquy

Category: Criminal Procedure

Mosley v. State

482 So. 2d 530, 11 Fla. L. Weekly 316

District Court of Appeal of Florida | Filed: Jan 31, 1986 | Docket: 1769408

Cited 6 times | Published

State, 159 Fla. 838, 32 So.2d 827 (1947); Fla.R.Crim.P. 3.260. But, for an effective waiver, there must

Category: Criminal Procedure

Jones v. State

452 So. 2d 643

District Court of Appeal of Florida | Filed: Jun 27, 1984 | Docket: 665498

Cited 6 times | Published

and it must be signed by the defendant. Fla.R.Crim.P. 3.260 and Sessums v. State, 404 So.2d 1074 (Fla

Category: Criminal Procedure

Anthony Paul Peoples, Jr. v. State of Florida

251 So. 3d 291

District Court of Appeal of Florida | Filed: Jul 9, 2018 | Docket: 7386607

Cited 5 times | Published

written waiver signed by Appellant pursuant to rule 3.260, and additional inquiry by the court into Appellant’s

Category: Criminal Procedure

Torres v. State

43 So. 3d 831, 2010 Fla. App. LEXIS 12706, 2010 WL 3397457

District Court of Appeal of Florida | Filed: Aug 31, 2010 | Docket: 2396646

Cited 5 times | Published

jury trial with the consent of the state." Fla. R.Crim. P. 3.260. Our supreme court has ruled nevertheless

Category: Criminal Procedure

State v. Stone

42 So. 3d 279, 2010 Fla. App. LEXIS 10849, 2010 WL 2925691

District Court of Appeal of Florida | Filed: Jul 28, 2010 | Docket: 2399888

Cited 4 times | Published

trial without the consent of the state. See Fla. R.Crim. P. 3.260.

Category: Criminal Procedure

Zinnerman v. State

985 So. 2d 672, 2008 WL 2596370

District Court of Appeal of Florida | Filed: Jul 2, 2008 | Docket: 2573831

Cited 4 times | Published

guilty pleas. Notwithstanding the reference in rule 3.260 to a waiver "in writing," in Tucker v. State

Category: Criminal Procedure

State v. Hernandez

645 So. 2d 432, 1994 WL 656605

Supreme Court of Florida | Filed: Nov 23, 1994 | Docket: 1168919

Cited 4 times | Published

the waiver without the State's prior consent. Rule 3.260, which appears under the heading "Trial" in the

Category: Criminal Procedure

Akins v. State

462 So. 2d 1161

District Court of Appeal of Florida | Filed: Dec 6, 1984 | Docket: 1509975

Cited 4 times | Published

State, 370 So.2d 854 (Fla. 3d DCA 1979); Fla.R.Crim.P. 3.260. For the procedure necessary to waive the

Category: Criminal Procedure

Flanning v. State

597 So. 2d 864, 1992 WL 69020

District Court of Appeal of Florida | Filed: Apr 7, 1992 | Docket: 1704672

Cited 3 times | Published

rev. denied, 462 So.2d 1105 (Fla. 1985); Fla.R.Crim.P. 3.260. [3] State v. Griffith, 561 So.2d 528 (Fla

Category: Criminal Procedure

Gerald Walker v. State

149 So. 3d 170, 2014 Fla. App. LEXIS 17152, 2014 WL 5343559

District Court of Appeal of Florida | Filed: Oct 22, 2014 | Docket: 1419227

Cited 2 times | Published

jury trial with the consent of the state (Fla. R. Crim. P. 3.260), or orally on the record after colloquy

Category: Criminal Procedure

State v. Ferguson

556 So. 2d 462, 1990 WL 7542

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 1528352

Cited 2 times | Published

supreme court could create a rule overriding rule 3.260. We do not interpret the reference to section

Category: Criminal Procedure

Gering v. State

252 So. 3d 334

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511606

Cited 1 times | Published

unless waived by the defendant, see Fla. R. Crim. P. 3.260 (providing “A defendant may in writing

Category: Criminal Procedure

Otis v. State

444 So. 2d 1177

District Court of Appeal of Florida | Filed: Feb 15, 1984 | Docket: 40872

Cited 1 times | Published

effectively waived his right to trial by jury. See Fla. R.Crim.P. 3.260; Cirio v. State, 440 So.2d 650 (Fla. 2d

Category: Criminal Procedure

Erb v. State of Florida

District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71038929

Published

State, 994 So. 2d 960, 963 (Fla. 2008); Fla. R. Crim. P. 3.260; cf. Saini v. State, 50 Fla. L. Weekly

Category: Criminal Procedure

Kwuan Montrell Baker v. State of Florida

District Court of Appeal of Florida | Filed: Apr 24, 2024 | Docket: 68465995

Published

jury trial with the consent of the state (Fla. R. Crim. P. 3.260), or orally on the record after colloquy

Category: Criminal Procedure

JAHLEEL TAFARI EATON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 31, 2023 | Docket: 67454254

Published

neither a written waiver of jury trial, see Fla. R. Crim. P. 3.260, nor the trial judge’s colloquy with Eaton

Category: Criminal Procedure

Elmore v. State

782 So. 2d 1016, 2001 Fla. App. LEXIS 5532, 2001 WL 421617

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 64804910

Published

must be by the defendant and in writing. Fla.R.Crim.P. 3.260. State v. Upton, 658 So.2d 86 (Fla.1995)

Category: Criminal Procedure

Babb v. State

736 So. 2d 35, 1999 Fla. App. LEXIS 6795, 1999 WL 332706

District Court of Appeal of Florida | Filed: May 26, 1999 | Docket: 64789042

Published

trial with the consent of the state, see Fla.R.Crim.P. 3.260, or orally on the record after colloquy from

Category: Criminal Procedure

Robinson v. State

674 So. 2d 160, 1996 Fla. App. LEXIS 4109, 1996 WL 194266

District Court of Appeal of Florida | Filed: Apr 24, 1996 | Docket: 64764926

Published

inconsistent to allow a one-line written waiver under rule 3.260, while holding that the self-same words are insufficient

Category: Criminal Procedure

State v. Thorup

659 So. 2d 1116, 1995 Fla. App. LEXIS 7774, 1995 WL 421268

District Court of Appeal of Florida | Filed: Jul 17, 1995 | Docket: 64758539

Published

to also have it in writing as required by Fla.R.Crim.P. 3.260).

Category: Criminal Procedure

Upton v. State

644 So. 2d 181, 1994 Fla. App. LEXIS 10456, 1994 WL 588168

District Court of Appeal of Florida | Filed: Oct 28, 1994 | Docket: 64751627

Published

trial with the consent of the state.” Even if rule 3.260 required that the written waiver be executed

Category: Criminal Procedure

Sansom v. State

641 So. 2d 201, 1994 Fla. App. LEXIS 8457, 1994 WL 460257

District Court of Appeal of Florida | Filed: Aug 26, 1994 | Docket: 64750335

Published

waiver of her right to a jury trial. See Fla.R.Crim.P. 3.260. Neither did the court obtain a valid oral

Category: Criminal Procedure

Warren v. State

632 So. 2d 204, 1994 Fla. App. LEXIS 992, 1994 WL 43426

District Court of Appeal of Florida | Filed: Feb 16, 1994 | Docket: 64746478

Published

in this request. Defense counsel argued that rule 3.260, Florida Rules of Criminal Procedure, and the

Category: Criminal Procedure

State v. Hernandez

633 So. 2d 24, 1994 Fla. App. LEXIS 91, 1994 WL 7688

District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 64746787

Published

waiver. The trial court reasoned that, because Rule 3.260 appears only under the heading of Chapter IX

Category: Criminal Procedure

Williams v. State

573 So. 2d 875, 1990 Fla. App. LEXIS 9105, 1990 WL 191881

District Court of Appeal of Florida | Filed: Dec 5, 1990 | Docket: 64656028

Published

obtained sub judice and we know of no reason why rule 3.260 should not apply equally to the penalty phase

Category: Criminal Procedure

Williams v. State

521 So. 2d 268, 13 Fla. L. Weekly 594, 1988 Fla. App. LEXIS 831, 1988 WL 16998

District Court of Appeal of Florida | Filed: Mar 2, 1988 | Docket: 64633146

Published

knowingly waived his right to a jury trial. See Fla.R.Crim.P. 3.260. SCHEB, A.C.J., and CAMPBELL and THREADGILL

Category: Criminal Procedure

Wolfe v. State

500 So. 2d 726, 12 Fla. L. Weekly 216, 1987 Fla. App. LEXIS 6269

District Court of Appeal of Florida | Filed: Jan 9, 1987 | Docket: 64624282

Published

no written waiver of jury trial as provided in rule 3.260, Florida Rules of Criminal Procedure, and that

Category: Criminal Procedure

Pino v. State

492 So. 2d 811, 11 Fla. L. Weekly 1759, 1986 Fla. App. LEXIS 9330

District Court of Appeal of Florida | Filed: Aug 12, 1986 | Docket: 64621040

Published

execute a written waiver of jury trial, Fla. R.Crim.P. 3.260, or otherwise indicate that he concurred

Category: Criminal Procedure

Winchel v. State

456 So. 2d 1277, 9 Fla. L. Weekly 2064, 1984 Fla. App. LEXIS 15226

District Court of Appeal of Florida | Filed: Sep 28, 1984 | Docket: 64607230

Published

State, 444 So.2d 1177 (Fla. 2d DCA 1984); Fla.R.Crim.P. 3.260. Here, appellant was not present at the time

Category: Criminal Procedure

Washington v. State

414 So. 2d 522, 1981 Fla. App. LEXIS 20789

District Court of Appeal of Florida | Filed: Aug 4, 1981 | Docket: 64590244

Published

even challenged. . The waiver was under former Rule 3.260, Florida Rules of Criminal Procedure, which required

Category: Criminal Procedure

Thomas v. State

328 So. 2d 545, 1976 Fla. App. LEXIS 14914

District Court of Appeal of Florida | Filed: Mar 2, 1976 | Docket: 64552875

Published

his waiver of trial by jury. We do not agree. Rule 3.260, RCrP, provides that a defendant may in writing

Category: Criminal Procedure