IN THE INTEREST OF A.R., A CHILD
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The court held that an arrest alone is an insufficient basis to revoke community control and that representation by legal interns without a waiver of the right to licensed counsel constitutes reversible error.
A juvenile was placed on community control with a condition not to be arrested. Subsequently, a petition for revocation was filed alleging violation b…
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PER CURIAM.
A.R., a child, appeals from the trial court’s revocation of his community control and from his commitment to the Depart ment of Health and Rehabilitative Services (HRS).
On June 30, 1988 A.R. was found to be a juvenile delinquent and was placed on community control. The printed order of community control contained the condition that A.R. not be arrested. About nine months after A.R. went on community control HRS filed a petition for revocation of community control and alleged that A.R. had violated the terms of community control by being arrested.
The transcript of the revocation hearing indicates that A.R. was represented below by two certified legal interns. However the record contains nothing to show that A.R. had waived the right to be represented by a licensed attorney. The transcript also reveals that the legal interns entered a plea of no contest to the violation of community control and reserved the right to appeal the revocation on the grounds that it was based solely on an arrest. The trial court revoked A.R.’s community control and committed him to the department of HRS.
We reverse. It is clear that mere evidence of an. arrest alone is an insufficient basis to revoke community control. See Hines v. State, 358 So. 2d 183 (Fla.1978); In The Interest of L.S., 553 So. 2d 345 (Fla. 4th DCA 1989.) Further, the fact that there was no evidence of a written consent to be represented by legal interns is reversible error. See, In The Interest of C.B., 546 So. 2d 447 (Fla. 4th DCA 1989.)
REVERSED AND REMANDED with directions that the trial court reinstate A.R.’s community control.
DOWNEY, ANSTEAD and WALDEN, JJ., concur.
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Palmer v. State, 603 So. 2d 535 (Fla. 4th DCA 1992)…final order which revoked appellant’s probation because he “was arrested for Trespassing.” See Hines v. State, 358 So. 2d 183 (Fla.1978) (trial judge cannot revoke probation solely upon proof that probationer had been ar [*536] rested); In re A.R., 554 So. 2d 640 (Fla. 4th DCA 1989). We note that appellant failed to make a contemporaneous objection to the trial court taking judicial notice of the probable cause affidavit for the trespassing incident. However, the relevant count of the “corrected and amende…
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R.M. v. State, 664 So. 2d 42 (Fla. 4th DCA 1995)…tunately we must reverse for a new trial because, although R.M. orally agreed to be represented by a certified legal intern, he did not do so in writing, and was not advised that he could refuse and be represented by a member of the bar. In Re A.R., 554 So. 2d 640 (Fla. 4th DCA 1989). POLEN and PARIENTE, JJ., concur.…
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Duval v. State, 744 So. 2d 523 (Fla. 2d DCA 1999)…453 (Fla. 1992) (amending R. Regulating Fla. Bar 11-1.2(a) to require supervising attorney’s presence at all critical stages); In Interest of L.S., 560 So. 2d 425 (Fla. 4th DCA 1990) (reversing based on lack of written consent); In Interest of A.R., 554 So. 2d 640 (Fla. 4th DCA 1989) (same); In Interest of C.B., 546 So. 2d 447, 448 (Fla. 4th DCA 1989) (reversing based on lack of direct evidence that C.B. consented to intern's representation; although intern testified that juvenile was informed of her status,…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hines v. State, 358 So. 2d 183 (Fla. 1978)
- In the Interest of L.S., 553 So. 2d 345 (Fla. 4th DCA 1989)
- In the Interest of C.B., 546 So. 2d 447 (Fla. 4th DCA 1989)