T. MCD., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
T. MCD., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
607 So. 2d 513
Florida District Court of Appeal, Second District (1992)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The appellant correctly contends that her constitutional rights were violated when the trial judge adjudicated the appellant guilty without first permitting her defense counsel to present a closing argument. M.E.F. v. State, 595 So. 2d 86 (Fla. 2d DCA1992). In this case, not only did the trial judge not permit closing argument, he terminated the trial during the course of the state’s cross examination of the appellant, a clear violation of the appellant’s trial rights guaranteed by the Sixth Amendment.
Accordingly, we reverse and remand for a new adjudicatory hearing.
LEHAN, C.J., and RYDER and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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J.M.S. v. State, 921 So. 2d 813 (Fla. 5th DCA 2006)…also S.G. v. State, 678 So. 2d 495, 495 (Fla. 5th DCA 1996) (reversing adjudications after trial court refused to permit closing argument in delinquency proceeding); T.W. v. State, 677 So. 2d 111, 111 (Fla. 4th DCA 1996) (accord); T. McD. v. State, 607 So. 2d 513, 513 (Fla. 2d DCA 1992) (accord); E.C. v. State, 588 So. 2d 698, 699 (Fla. 3d DCA 1991) (accord); E.V.R. v. State, 342 So. 2d 93, 94 (Fla. 3d DCA 1977) (accord). The State counters that the trial court’s offer six weeks later at the disposition hea…
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D.B. v. State, 979 So. 2d 1119 (Fla. 3d DCA 2008)…tention to a series of appellate decisions wherein juvenile defendants were denied the right to present a closing argument. See J.M.S. v. State, 921 So. 2d 813 (Fla. 5th DCA 2006); T.W. v. State, 677 So. 2d 111 (Fla. 4th DCA 1996); T. McD. v. State, 607 So. 2d 513 (Fla. 2d DCA 1992); M.E.F. v. State, 595 So. 2d 86 (Fla. 2d DCA 1992); E.C. v. State, 588 So. 2d 698 (Fla. 3d DCA 1991); E.V.R. v. State, 342 So. 2d 93 (Fla. 3d DCA 1977). Invariably, those courts remanded for new adjudicatory hearings. D.B. maintai…
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T.W. v. State, 677 So. 2d 111 (Fla. 4th DCA 1996)…his case indicates that Appellant was denied the right to present a closing argument during her delinquency hearing. We, therefore, reverse the circuit court’s disposition order and remand this cause for a new adjudicatory hearing. T. McD. v. State, 607 So. 2d 513 (Fla. 2d DCA 1992); M.E.F. v. State, 595 So. 2d 86 (Fla. 2d DCA 1992); E.C. v. State, 588 So. 2d 698 (Fla. [*112] 3d DCA 1991); E.V.R. v. State, 342 So. 2d 93 (Fla. 3d DCA 1977). STONE, PARIENTE and SHAHOOD, JJ., concur.…
Authorities Cited
- Metro. Dade Cnty. v. Calixto Fernandez, 595 So. 2d 86 (Fla. 1st DCA 1992)
- M.E.F. v. State, 595 So. 2d 86 (Fla. 2d DCA 1992)