
    STATE OF FLORIDA v REIMER
    Case No. 89-094-AC
    Eleventh Judicial Circuit, Dade County
    May 24, 1991
    APPEARANCES OF COUNSEL
    Robert A. Butterworth, Attorney General, and Giselle D. Lylen, Assistant Attorney General, for appellant.
    Michael A. Catalano, Esquire, for appellee.
    Before NADLER, GREENBAUM, FIERRO, JJ.
   OPINION OF THE COURT

PER CURIAM.

The Defendant was charged with careless driving and driving under the influence. At trial, the defendant made a motion to suppress which was denied and he “waived jury trial” by affixing his signature and by a box indicating waiver being checkmarked in open court. After a finding of guilt, the court granted a new trial for having not allegedly conducted a colloquy as to whether waiver was freely and voluntarily given. This appeal followed.

There is no legal requirement for the court to inquire as to whether a written waiver was given freely and voluntarily. Dumas v State, 439 So.2d 246, 251 (Fla. 3d DCA 1983).

The rulings of the lower court, granting a new trial, is reversed with instructions to reinstate the original verdict.

REVERSED and REMANDED.  