JOSHUA EVANS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSHUA EVANS, APPELLANT,
STATE OF FLORIDA, APPELLEE
594 So. 2d 835
Florida District Court of Appeal, Second District (1992)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Davis v. State, 528 So. 2d 521 (Fla.2d DCA), review denied, 536 So. 2d 243 (Fla.1988).
DANAHY, A.C.J., and THREADGILL, J., concur. PARKER, J., concurs specially.
Concurrence
PARKER, Judge,
concurring specially.
I concur with the majority. But for this court’s opinion in Davis, I would reverse this case because the record fails to show that Evans waived the trial court’s required findings under Chapter 39, Florida Statutes. I believe a negotiated plea should require the juvenile’s waiver of the required trial court findings under Chapter 39. As stated by the Fifth District Court in Toussaint v. State, 592 So. 2d 770, 771 (Fla. 5th DCA 1992):
[A] juvenile’s negotiated plea of guilty does not automatically act as a waiver of the requirements of section 39.111(7). Lang v. State, 566 So. 2d 1354 (Fla.5th DCA 1990). In Lang, this court held that, “A juvenile can waive his rights under section 39.111 but such a waiver must be manifest either in the plea agreement or on the record.” 566 So. 2d at 1354. In this case, there is nothing in the record indicating the defendant was aware of and knowingly and intentionally waived his rights under section 39.111(7).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pittman v. State, 595 So. 2d 1101 (Fla. 2d DCA 1992)…pecially. I concur with the majority. But for this court’s opinion in Davis, I would reverse this case because the record fails to show that Pittman waived the trial court’s required findings under Chapter 39, Florida Statutes. See Evans v. State, 594 So. 2d 835 (Fla. 2d DCA 1992) (concurring opinion).…
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Innes v. State, 597 So. 2d 966 (Fla. 2d DCA 1992)…specially. I concur with the majority. But for this court’s opinion in Davis, I would reverse this case because the record fails to show that Innes waived the trial court’s required findings under Chapter 39, Florida Statutes. See Evans v. State, 594 So. 2d 835 (Fla. 2d DCA 1992).…
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Sirmons v. State, 595 So. 2d 582 (Fla. 2d DCA 1992)…pecially. I concur with the majority. But for this court’s opinion in Davis, I would reverse this case because the record fails to show that Sirmons waived the trial court’s required findings under Chapter 39, Florida Statutes. See Evans v. State, 594 So. 2d 835 (Fla.2d DCA 1992) (concurring opinion).…
Authorities Cited
- Lang v. State, 566 So. 2d 1354 (Fla. 5th DCA 1990)
- Davis v. State, 528 So. 2d 521 (Fla. 2d DCA 1988)
- Darius Toussaint v. State, 592 So. 2d 770 (Fla. 5th DCA 1992)