Barrett v. State
Barrett appealed his withhold of adjudication and probation for driving with a suspended license, arguing the county court fundamentally erred by dispensing with his statutory jury-trial right without first announcing it would not adjudicate or incarcerate him under section 918.0157. The Third DCA held that, under these particular circumstances—where defense counsel waived jury trial immediately before trial and the ultimate disposition and sentence were consistent with section 918.0157's limits—the omission did not amount to fundamental error, and affirmed.
Key facts
- Barrett was charged with driving with a suspended license in county court and proceeded to trial after his defense counsel waived jury trial immediately before trial.
- The trial court withheld adjudication and sentenced Barrett to probation without imposing incarceration, consistent with section 918.0157.
- +2 more key facts with a free trial
Why it matters
This opinion gives county-court and misdemeanor practitioners a fundamental-error framework for challenges to jury-trial waivers taken under section 918.0157, holding that the absence of an express pre-waiver… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.