N.R.L., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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GOSHORN, Judge.
N.R.L. appeals the order adjudicating him delinquent and committing him to the Department of Juvenile Justice. The order was entered following N.R.L.’s no contest plea to grand theft. N.R.L. was not represented by counsel when he entered his plea, and the transcript of the arraignment reflects that there was no “thorough inquiry” made into N.R.L.’s desire to waive his right to counsel, contrary to the requirement of Florida Rule of Juvenile Procedure 8.165(b)(2). Accordingly, we must reverse. See In the Interest of D.L.A., 667 So. 2d 330 (Fla. 1st DCA 1995) (holding that reversal is required where child was not advised of his right to counsel at each stage and no inquiry was made to determine whether waiver of that right was freely and intelligently made).
Upon remand, the requirements of rule 8.165 must be adhered to. N.R.L. must be advised of his right to counsel and, if he chooses to waive counsel, N.R.L. must be queried to determine whether his waiver was freely and intelligently made. Only thereafter may N.R.L.’s plea be taken.
REVERSED and REMANDED WITH INSTRUCTIONS.
PETERSON, C.J., and W. SHARP, J., concur.
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J.R.V. v. State, 715 So. 2d 1135 (Fla. 5th DCA 1998)…ppellant of his right to assistance of counsel; 2) if waived, 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 free…
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J.O. v. State, 717 So. 2d 185 (Fla. 5th DCA 1998)…counsel until the “... entire process of offering counsel has been completed and a thorough inquiry into the child’s comprehension of that offer and capacity to make that choice intelligently and understandingly has been made.” See N.R.L. v. State, 684 So. 2d 299 (Fla. 5th DCA 1996) (defendant must be advised of his right to counsel, and if he chooses to waive counsel the court must query the defendant to determine if the waiver was freely and intelligently made). See also, R.V.P. v. State, 395 So. 2d 291 (F…
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P.L.S. v. State, 745 So. 2d 555 (Fla. 4th DCA 1999)…er free of charge, was to ask appellant his age. This was not the “thorough inquiry” contemplated by Rule 8.165(b)(2). See A.M. v. State, 723 So. 2d 383 (Fla. 2d DCA 1998); J.R.V. v. State, 715 So. 2d 1135, 1139 (Fla. 5th DCA 1998); N.R.L. v. State, 684 So. 2d 299, 300 (Fla. 5th DCA 1996); In the Interest of D.L.A., 667 So. 2d 330, 331 (Fla. 1st DCA 1995). The court’s questioning of appellant was not sufficient to determine whether appellant’s waiver of counsel was made knowingly and intelligently in consider…
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- 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)