MICHAEL C. DUNNAVANT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
In this direct criminal appeal, appellant, a juvenile at the time the offenses of which he was convicted had been committed, seeks review of adult sentences imposed incident to those convictions. Because the trial court faded to inform appellant of his rights pursuant to section 39.059(7), Florida Statutes (1991), and to ensure on the record that any waiver of those rights was voluntarily and intelligently made, we are constrained to reverse, and to remand for resentencing. State v. Berry, 647 So. 2d 830 (Fla.1994). On remand, the trial court may again sentence appellant as an adult, provided that all applicable statutory requirements are satisfied. Troutman v. State, 630 So. 2d 528 (Fla.1993).
REVERSED and REMANDED, with directions.
ERVIN, BOOTH and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Matke v. State, 765 So. 2d 52 (Fla. 1st DCA 1998)…3.720(d)(1). See Warren v. State, 701 So. 2d 404 (Fla. 1st DCA 1997); Brantley v. State, 692 So. 2d 282 (Fla. 1st DCA 1997); Brock v. State, 667 So. 2d 1014 (Fla. 1st DCA 1996); Robinson v. State, 667 So. 2d 384 (Fla. 1st DCA 1995); Willis v. State, 665 So. 2d 354 (Fla. 1st DCA 1995). Such an error is considered fundamental. See Strickland v. State, 693 So. 2d 1142 (Fla. 1st DCA 1997). Accordingly, we are obliged to strike the public defender lien, without prejudice. On remand, a lien may again be imposed, pr…
Authorities Cited
- Troutman v. State, 630 So. 2d 528 (Fla. 1993)
- Edler v. State, 630 So. 2d 528 (Fla. 1993)
- State v. Fletcher Berry, 647 So. 2d 830 (Fla. 1994)