M.A.F., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed a juvenile commitment order because the trial court failed to conduct a knowing and voluntary waiver colloquy regarding the defendant's right to counsel, despite a signed waiver form.
A trial court must conduct a colloquy to determine whether a juvenile's waiver of counsel was knowing and voluntary, and failure to do so constitutes fundamental error requiring reversal.
[1] Failure to conduct a colloquy regarding a juvenile's waiver of counsel constitutes fundamental error requiring reversal, even when a signed waiver form exists.
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Join FLexlaw to unlock all legal intelligence“A juvenile 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.”
Explaining the procedural requirement for counsel waivers in juvenile proceedings under Fla. R. Juv. P. 8.165(b)(2).
A juvenile appellant was committed to the Department of Juvenile Justice, Level 10, after waiving counsel at sentencing. The waiver form was signed on…
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CAMPBELL, Acting Chief Judge.
Appellant challenges the trial court order committing him to the Department of Juvenile Justice, Level 10. While we find no merit in appellant’s argument that if he had been represented by counsel at sentencing, the trial court would have granted his request to be sentenced as an adult to a term of incarceration, we must reverse as the trial court failed to inquire whether appellant’s waiver of counsel was knowing and voluntary.
Counsel is required at each stage of the proceedings. See Fla. R. Juv. P. 8.165(a). A juvenile 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 Fla. R. Juv. P. 8.165(b)(2). Failure to comply with rule 8.165 constitutes fundamental error. See J.O. v. State, 717 So. 2d 185 (Fla. 5th DCA 1998). While the record in the instant case contains a waiver of counsel form, it was signed only by appellant with the space designated for the signature of a parent or guardian left blank. The trial court’s failure to perform the necessary colloquy regarding appellant’s right to counsel and whether his waiver was freely and intelligently made requires that appellant’s sentence be reversed and the case remanded for further proceedings.
Reversed and remanded.
PARKER and GREEN, JJ., Concur.
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Citator
Cited By
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State v. T.G., 800 So. 2d 204 (Fla. 2001)…of the proceedings, a juvenile defendant must be advised of his right to counsel, and if he chooses to waive counsel, the court must conduct a thorough inquiry to determine if the waiver was freely and [*211] intelligently made. See M.A.F. v. State, 742 So. 2d 534, 535 (Fla. 2d DCA 1999). The “requirement of a detailed inquiry recognizes that ‘[i]t is extremely doubtful that any child of limited experience can possibly comprehend the importance of counsel.’ ” P.L.S. v. State, 745 So. 2d 555, 557 (Fla. 4th DCA…
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J.M.B. v. State, 800 So. 2d 317 (Fla. 2d DCA 2001)…the proceedings, in violation of rule 8.165(a). B.I. v. State, 492 So. 2d 824 (Fla. 2d DCA 1986); see also In Interest of J.C.S., 560 So. 2d 426 (Fla. 4th DCA 1990). The failure to comply [*319] with rule 8.165 is fundamental error. M.A.F. v. State, 742 So. 2d 534 (Fla. 2d DCA 1999). We recognize that the juvenile court judge must contend with an unusually heavy docket, and was dealing, in this case, with a juvenile who was no stranger to the ways of the juvenile justice system. However, due process must be…
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J.A.S. v. State, 746 So. 2d 1225 (Fla. 4th DCA 1999)…inquiry into the child’s comprehension of that offer and the capacity to make that choice intelligently and understandingly.” Failure to comply constitutes fundamental error. J.O. v. State, 717 So. 2d 185 (Fla. 5th DCA 1998); accord M.A.F. v. State, 742 So. 2d 534 (Fla. 2d DCA 1999). We therefore reverse. POLEN, KLEIN and STEVENSON, JJ., concur.…
Authorities Cited
- J.O. v. State, 717 So. 2d 185 (Fla. 5th DCA 1998)