N.E.R., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Defendant, a juvenile, appeals his delinquency adjudication and committment to the Department of Health and Rehabilitative Services. Although defendant requested counsel, he was not appointed counsel except for this appeal. Further, defendant did not expressly waive the right to counsel at any stage of the proceedings. Accordingly, we reverse the adjudication of delinquency and remand the matter for further proceedings consistent with section 39.071, Florida Statutes (1989), and Florida Rule of Juvenile Procedure 8.290. See B.I. v. State, 492 So. 2d 824 (Fla. 2d DCA 1986).
Reversed and remanded for further proceedings.
FRANK, A.C.J., and HALL and PARKER, JJ., concur.
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Reynolds v. State, 674 So. 2d 180 (Fla. 2d DCA 1996)…en committed within five years of the current offense. Hence, this case is distinguishable from those in which the record was inadequate for habitual offender sentencing but the defendant failed to object. In those instances, such as Davis v. State, 588 So. 2d 289 (Fla. 2d DCA 1991), and Frazier v. State, 595 So. 2d 131 (Fla. 2d DCA 1992), our court allowed the state a second chance to prove that the defendant met the requirements of the statute. In this case, however, the state had a sufficient opportunity t…
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Sanders v. State, 765 So. 2d 161 (Fla. 2d DCA 2000)…cing hearing, upon remand the State should be given the opportunity to present evidence that Sanders qualifies as a habitual felony offender. See Bellamy v. State, 712 So. 2d 409, 410 (Fla. 2d DCA 1998); Lowenthal, 699 So. 2d at 320; Davis v. State, 588 So. 2d 289, 290 (Fla. 2d DCA 1991). If the State does so, the trial court may again impose a habitual felony offender sentence. The judgment is affirmed. The sentence is reversed and the case remanded to the trial court for a new sentencing hearing. CAMPBELL…
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Ransom Louis Collins v. State, 893 So. 2d 592 (Fla. 2d DCA 2004)…s imposed, the State should have the opportunity on remand to present record evidence that other prior convictions existed that would satisfy the sequential conviction requirement”); Lloyd v. State, 844 So. 2d 713 (Fla. 2d DCA 2003); Davis v. State, 588 So. 2d 289 (Fla. 2d DCA 1991). . For reasons that are not clear, the decision of the panel in Thomas v. State, 805 So. 2d 989 (Fla. 2d DCA 2001), appears to be at odds with the holding in Reynolds where the court first addressed this issue. Thomas has, howeve…
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- B.I. v. State, 492 So. 2d 824 (Fla. 2d DCA 1986)