Miller v. State (700 So. 2d 101, 1997)

PER CURIAM.

After a careful review of the entire record in this case, we reject the appellant’s argument that his conviction herein was barred by collateral estoppel. Nevertheless, we reverse the appellant’s conviction and remand this ease to the trial court for a new trial because the record does not reveal that the appellant knowingly, intelligently, and voluntarily waived his right to a trial by jury. See State v. Upton, 658 So.2d 86 (Fla.1995).

MINER, ALLEN and MICKLE, JJ., concur.