C.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1989-12-27
No. 88-03286
DANAHY, A.C.J., and LEHAN, J., concur.
554 So. 2d 28 Florida District Court of Appeal, Second District (1989) Positive Treatment
Cited by 2 cases

Opinion of the Court
HALL, Judge.

HALL, Judge.

C.W. raises two issues on appeal, the second of which is rendered moot by our resolution of the first. C.W. contends, and the state concedes, that the trial court did not determine that his guilty plea was freely, voluntarily, and knowingly made before accepting said plea, as required by Florida Rule of Juvenile Procedure 8.130(a)(1).

Accordingly, we reverse the order finding C.W. delinquent and remand for a plea hearing conducted in accordance with Florida Rule of Juvenile Procedure 8.130(a)(1). In its future consideration of a plea by C.W., the trial court should determine the status of the Valrico Group Treatment Home.

Reversed and remanded.

DANAHY, A.C.J., and LEHAN, J., concur.


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  • M.C. v. State, 561 So. 2d 461 (Fla. 3d DCA 1990)
    …L.Ed.2d 274 (1969). Accordingly, we reverse that second adjudication and remand the matter so that, by plea colloquy, the court may determine whether the juvenile freely, knowingly, and voluntarily tendered his nolo contendere plea. C.W. v. State, 554 So. 2d 28, (Fla. 2d DCA 1989); C.S. v. State, 462 So. 2d 1205 (Fla. 3d DCA 1985); Fla.R.Juv.P. 8.130(a)(1). See also J.N. v. State, 483 So. 2d 885 (Fla. 3d DCA 1986) (proceedings tantamount to nolo contendere plea required inquiry into whether juvenile freely…
  • L.D.S. v. State, 791 So. 2d 548 (Fla. 2d DCA 2001)
    …arges and remand with directions that the trial court hold an adjudicatory hearing on those charges unless L.D.S. decides to voluntarily enter a plea. See A.D.W., 777 So. 2d at 1105; D.V.L. v. State, 693 So. 2d 693 (Fla. 2d DCA 1997); C.W. v. State, 554 So. 2d 28 (Fla. 2d DCA 1989). Reversed and remanded with directions. PARKER, A.C.J., and DAVIS, J., Concur.…

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