Jones v. State of Florida

FIRST DISTRICT C OURT OF A PPEAL
STATE OF FLORIDA
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No. 1D2023-2172
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LANDO J ONES,
Appellant,
v.
STATE OF F LORIDA,
Appellee.
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On appeal from the County Court for Bay County.
Shane Vann, Judge.
February 18, 2026
PER C URIAM.
Lando Jones appeals from his judgment and sentence for
possession of drug paraphernalia. 	He raises three issues, but we
write to address only one.
Jones argues that the trial court erred by conducting a bench
trial even though Jones never waived his right to a jury trial. The
State 	concedes that this 	was reversible 	error, and 	we agree.
Criminal defendants have a constitutional right to a jury trial,
under both the United States and Florida constitutions. 	Amend.
VI, U.S. Const.; Art. I, § 22, Fla. Const. 	A defendant may waive
his right to a jury trial, “provided that the waiver is reflected on

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the record.” 	Tucker v. State, 559 So. 2d 218, 219–20 (Fla. 1990).
Here, there is no record evidence that Jones ever waived his right
to a jury trial. Thus, we REVERSE Jones’ judgment and sentence.
K ELSEY, M.K. THOMAS, and L ONG, JJ., concur.
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Not 	final 	until 	disposition 	of 	any 	timely 	and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jessica J. Yeary, Public Defender, and Danielle Jorden, Assistant
Public Defender, Tallahassee, for Appellant.
James Uthmeier, Attorney General, and Miranda Lee Butson,
Assistant Attorney General, Tallahassee, for Appellee.