A.P., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1999-08-27
No. 98-2188
GOSHORN and PETERSON, JJ„ concur.
740 So. 2d 1241 Florida District Court of Appeal, Fifth District (1999) Positive Treatment
Cited by 10 cases
Topics
Juvenile Delinquency Proceedings Right To Counsel

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Opinion of the Court

DAUKSCH, J.

Appellant, A.P., a juvenile, appeals an adjudication of delinquency and order of disposition following a plea of guilty. Although the record reflects that appellant was advised of the right to the assistance of counsel, there was no thorough inquiry into appellant’s comprehension of the offer of counsel or capacity to make the choice to waive counsel intelligently and understandingly, as required by Florida Rule of Juvenile Procedure 8.165(b)(2), nor was there a written waiver of counsel, as required by Florida Rule of Juvenile Procedure 8.165(a). This is fundamental error which requires reversal. See T.G. v. State, 24 Fla. L. Weekly D216, 741 So. 2d 517 (Fla. 5th DCA 1999); J.O. v. State, 717 So. 2d 185 (Fla. 5th DCA 1998); J.R. v. State, 715 So. 2d 1135 (Fla. 5th DCA 1998).

REVERSED AND REMANDED.

GOSHORN and PETERSON, JJ„ concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State v. T.G., 800 So. 2d 204 (Fla. 2001)
    …er of the right to counsel, constitutes “fundamental” error. See, e.g., B.P. v. State, 759 So. 2d 741, 741 (Fla. 5th DCA 2000); J.A.S., 746 So. 2d at 1226; P.L.S., 745 So. 2d at 557; S.S., 744 So. 2d at 601; M.A.F., 742 So. 2d at 535; A.P. v. State, 740 So. 2d 1241, 1241 (Fla. 5th DCA 1999); J.O. v. State, 717 So. 2d 185, 186 (Fla. 5th DCA 1998).6 Because these courts find a failure to comply with rule 8.165 constitutes “fundamental” error, they would allow a juvenile to challenge the voluntariness of a plea w…
  • Harper v. Toler, 884 So. 2d 1124 (Fla. 2d DCA 2004)
    …contractor where contract described his position as that of an independent contractor and he “was subject to the will of the corporation only as to results of his work and ... was permitted to perform it according to his own methods”); King v. Hall, 740 So. 2d 1241, 1243 (Fla. 3d DCA 1999) (affirming summary judgment in favor of newspaper, which was based on trial court’s determination that the case was “ ‘indistinguishable’ ” from Kendall); Marcoux v. Circle K Stores, Inc., 773 So. 2d 1270, 1271 (Fla. 4th DCA…
  • S.S. v. State, 744 So. 2d 600 (Fla. 2d DCA 1999)
    …insufficient to overcome the arraignment deficiency and does not, in any event, abrogate the responsibility of the trial judge under Florida Rule of Juvenile Procedure 8.165. See A.D. v. State, 740 So. 2d 565 (Fla. 5th DGA 1999), and A.P. v. State, 740 So. 2d 1241 (Fla. 5th DCA 1999). Counsel was eventually appointed for trial on the issue of whether S.S. was a street gang member pursuant to section 874.04, Florida Statutes (Supp.1996). However, this statute has since been held unconstitutional. See State v…

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