DAMON HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1994-03-16
No. 93-1241
GLICKSTEIN and PARIENTE, JJ., concur.
633 So. 2d 562 Florida District Court of Appeal, Fourth District (1994) Positive Treatment
Cited by 6 cases
Opinion of the Court
FARMER, Judge.

FARMER, Judge.

Defendant pled no contest to attempted premeditated murder and sexual battery. Although he had reached the age of majority by the time of sentencing, he was but seventeen at the time of the offenses. At sentencing, his defense attorney purported to waive the defendant’s right to be sentenced as a juvenile under section 39.111, Florida Statutes (1989). On the authority of Sirmons v. State, 620 So. 2d 1249 (Fla.1993), we hold this waiver ineffective; only the defendant himself can make a knowing and intelligent waiver of this right after being made aware of it and after the trial court makes the requisite written findings. Accordingly, we reverse and remand for resentencing.

GLICKSTEIN and PARIENTE, JJ., concur.

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Cited By

  • Norris v. State, 659 So. 2d 1352 (Fla. 5th DCA 1995)
    …t of Appeal has followed this view by holding that ... only the defendant himself can make a knowing and intelligent waiver of this right after being made aware of it and after the trial court makes the requisite written findings. Harris v. State, 633 So. 2d 562, 563 (Fla. 4th DCA 1994). See also McCray v. State, 588 So. 2d 298 (Fla. 2d DCA 1991) (trial court did not ask appellant whether she understood sentencing alternatives and whether she was waiving her right to be sentenced as a juvenile and, if so, w…
  • Harris v. State, 660 So. 2d 409 (Fla. 4th DCA 1995)
    …er included offense of attempted second degree murder. Previously, we reversed and remanded this case on a separate issue involving the waiver of the right to be sentenced as a juvenile under section 39.111, Florida Statutes (1989). Harris v. State, 633 So. 2d 562 (Fla. 4th DCA 1994). Upon remand, the record reveals that the trial court resentenced Defendant to twenty years, exceeding the statutory maximum of fifteen years for a second degree felony. Apparently, the trial court had reclassified the attempted…
  • C.O. v. State, 707 So. 2d 926 (Fla. 4th DCA 1998)
    …., 460 So. 2d 1024, 1024-25 (Fla. 4th DCA 1984). However, the trial court’s adjudication of appellant’s delinquency was rendered without consideration of a predisposition report. See State v. Berry, 647 So. 2d 830, 832 (Fla.1994); Harris v. State, 633 So. 2d 562, 563 (Fla. 4th DCA 1994). Moreover, there is an absence of specific findings. § 39.052(4)(e)l, Fla.Stat. (1995); J.M. v. State, 692 So. 2d 308 (Fla. 4th DCA 1997); M.C. v. State, 687 So. 2d 832, 833 (Fla. 4th DCA 1996). Accordingly, we reverse t…

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