J.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
J.H., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
679 So. 2d 67
Florida District Court of Appeal, Fifth District (1996)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
In this appeal, J.H. correctly argues that the court erred by failing to comply with Florida Rule of Juvenile Procedure 8.165 (1995), which requires that the court advise a child accused of having committed a delinquent act of the right to counsel at each stage of the proceeding and ensure by a “thorough inquiry” that any waiver of that right has been freely and intelligently made. See, e.g., In the Interest of D.L.A, 667 So. 2d 330 (Fla. 1st DCA 1995); In the Interest of J.M., 601 So. 2d 604 (Fla. 4th DCA 1992); K.M. v. State, 448 So. 2d 1124 (Fla. 2d DCA 1984); R.V.P. v. State, 395 So. 2d 291 (Fla. 5th DCA 1981).
REVERSED and REMANDED.
PETERSON, C.J., and GOSHORN and ANTOON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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J.R.V. v. State, 715 So. 2d 1135 (Fla. 5th DCA 1998)…ived, ensure by a “ ‘thorough inquiry”’ that the waiver is free and intelligent; and 3) afford appellant an opportunity to enter a new plea to. the charges in the petition. See N.R.L. v. State, 684 So. 2d 299, 300 (Fla. 5th DCA 1996); J.H. v. State, 679 So. 2d 67 (Fla. 5th DCA 1996); In Interest of D.L.A., 667 So. 2d 330, 331 (Fla. 1st DCA 1995). Appellant contends secondly that the trial court erred by failing to determine that he entered his plea freely and intelligently because it failed to determine a f…
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B.F. v. State, 747 So. 2d 1061 (Fla. 5th DCA 2000)…ved, ensure by a “ ‘thorough inquiry’ ” that the waiver is free and intelligent; .and 3) afford appellant an opportunity to enter a new plea to the charges in the petition. See N.R.L. v. State, 684 So. 2d 299, 300 (Fla. 5th DCA 1996); J.H. v. State, 679 So. 2d 67 (Fla. 5th DCA 1996); In Interest of D.L.A., 667 So. 2d 330, 331 (Fla. 1st DCA 1995). Id. at 1139. Also similar is D.L. v. State, 719 So. 2d 931 (Fla. 5th DCA 1998). There, in finding that the court should have granted the juvenile’s later motion t…
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M.K.L. v. State, 686 So. 2d 793 (Fla. 5th DCA 1997)…of their right to contest the amount as required by Florida Rules of Criminal Procedure 3.720(d)(1),. On remand, the fee may be reimposed upon compliance with the rule. See, e.ff., B.L. v. State, 679 So. 2d 878 (Fla. 5th DCA 1996); M.T.C. v. State, 679 So. 2d 67 [*794] (Fla. 5th DCA 1996); Green v. State, 650 So. 2d 635 (Fla. 5th DCA 1995). AFFIRMED in part; REMANDED. DAUKSCH, W. SHARP and GRIFFIN, JJ., concur. . See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).…
Authorities Cited
- In the Interest of R. v. P., 395 So. 2d 291 (Fla. 5th DCA 1981)
- K.M. v. State, 448 So. 2d 1124 (Fla. 2d DCA 1984)
- Univ. Club, Inc. v. Kolb, 667 So. 2d 330 (Fla. 1st DCA 1995)
- In the Interest of D.L.A., 667 So. 2d 330 (Fla. 1st DCA 1995)
- Miller v. State, 601 So. 2d 604 (Fla. 4th DCA 1992)
- In the Interest of J.M., 601 So. 2d 604 (Fla. 4th DCA 1992)