DAVID GALLOWAY, PETITIONER,

v.

MICHAEL W. MOORE, SECRETARY, DEPARTMENT OF CORRECTIONS, RESPONDENT

Citator

Cited By

• B.F. v. State, 747 So. 2d 1061 (Fla. 5th DCA 2000)
  …igently, and (3) determine whether any unusual circumstances existed which would preclude the juvenile from exercising his right to represent himself. See K.M. v. State, 448 So. 2d 1124, 1125 (Fla. 2d DCA 1984), cited with approval in A.P. v. State, 730 So. 2d 425 (Fla. 5th DCA 1999). It is plain from the arraignment colloquy that although B.F. had been minimally informed that he had the right to be represented by counsel, no inquiry was made either into: (1) the child’s comprehension of the right to counsel…
• M.Q. v. State, 818 So. 2d 615 (Fla. 5th DCA 2002)
  …ounsel, and no basis to conclude that M.Q. made an informed waiver of his right to counsel. The state concedes that the trial court failed to follow the dictates of Rule 8.165. See E.C.H. v. State, 751 So. 2d 776 (Fla. 5th DCA 2000); A.P. v. State, 730 So. 2d 425 (Fla. 5th DCA 1999); D.L. v. State, 719 So. 2d 931 (Fla. 5th DCA 1998). But it argues that because M.Q. failed to file a motion to withdraw his plea, this appeal is not cognizable, since such a motion is a prerequisite to a direct appeal challenging…
• C.L.R. v. State, 756 So. 2d 267 (Fla. 5th DCA 2000)
  …sserts that the trial court erred in failing to properly advise her of her right to counsel as required by Florida Rule of Juvenile Procedure 8.165. The state concedes the error. See B.F. v. State, 747 So. 2d 1061 (Fla. 5th DCA 2000); A.P. v. State, 730 So. 2d 425 (Fla. 5th DCA 1999); J.R.V. v. State, 715 So. 2d 1135 (Fla. 5th DCA 1998). We therefore grant the petition, issue the writ, and order the child to be immediately released. The trial court can then comply with the requirements enunciated in J.R.V., 7…

Authorities Cited

• State v. Hudson, 698 So. 2d 831 (Fla. 1997)