IN THE INTEREST OF J.W., R.P., AND S.J., JUVENILES, APPELLANTS,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1990-05-01

Nos. Nos: 89-750, 89-752 and 89-753

Before NESBITT, LEVY and GERSTEN, JJ.

559 So. 2d 751 Florida District Court of Appeal, Third District (1990) Positive Treatment

Cited by 4 cases

Topics

Restitution Order Nolo Contendere Plea Motion To Suppress

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Opinion of the Court

PER CURIAM.

The State correctly concedes that the trial court erred in failing to conduct plea colloquies for each of the appellants after they entered pleas of nolo contendere based on the court’s denial of their motion to suppress. See Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); Williams v. State, 316 So. 2d 267 (Fla.1975); J.N. v. State, 483 So. 2d 885 (Fla. 3d DCA 1986); Murphy v. State, 464 So. 2d 608 (Fla. 3d DCA 1985); A.E.K. v. State, 432 So. 2d 720 (Fla. 3d DCA 1983).

The State also concedes error in the trial court’s order of restitution because the trial court failed to make a finding regarding financial ability to make restitution, and because the trial court left the amount of restitution and the manner of payment up to the parties and counselors. See § 39.11(l)(a)l., Fla.Stat. (1989); see also O.L. v. State, 497 So. 2d 971 (Fla. 3d DCA 1986); W.R. v. State, 462 So. 2d 856 (Fla. 1st DCA 1985); T.W. v. State, 395 So. 2d 598 (Fla. 3d DCA 1981).

Reversed and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

In the Interest of J.N., 578 So. 2d 42 (Fla. 4th DCA 1991)

…d in ordering restitution without conducting an evidentiary hearing to resolve the issues of the proper amount of restitution as well as the appellant’s ability to pay. See R.F. v. State, 549 So. 2d 1169 (Fla. 4th DCA 1989); In the Interest of J.W., 559 So. 2d 751 (Fla 3d DCA 1990). ANSTEAD and DELL, JJ., and WALDEN, JAMES H., Senior Judge, concur.…
E.W. v. State, 590 So. 2d 48 (Fla. 3d DCA 1991)

…PER CURIAM. We find that the trial court failed to properly take a plea in adjudicating the appellant a delinquent. M. C. v. State, 561 So. 2d 461 (Fla. 3d DCA 1990); J.W. v. State, 559 So. 2d 751 (Fla. 3d DCA 1990); J.N. v. State, 483 So. 2d 885 (Fla. 3d DCA 1986); Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); Rule 8.130(a)(1), Florida Rules of Juvenile Procedure; We therefore reverse the adjudication and disposition…

Authorities Cited

Boykin v. Alabama, 395 U.S. 238 (U.S. 1969)
Williams v. State, 316 So. 2d 267 (Fla. 1975)
A.E.K. v. State, 432 So. 2d 720 (Fla. 3d DCA 1983)
In the Interest of W.R. v. State, 462 So. 2d 856 (Fla. 1st DCA 1985)
Murphy v. State, 464 So. 2d 608 (Fla. 3d DCA 1985)
J.N. v. State, 483 So. 2d 885 (Fla. 3d DCA 1986)
O.L. v. State, 497 So. 2d 971 (Fla. 3d DCA 1986)
T.W. v. State, 395 So. 2d 598 (Fla. 3d DCA 1981)
Claudette Canley v. State, 395 So. 2d 598 (Fla. 3d DCA 1981)

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