S.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Reversal required because trial judge failed to advise juvenile defendant of right to counsel at arraignment, a critical stage, before accepting guilty plea.
A trial judge's failure to advise a juvenile defendant of his right to counsel at the critical stage of arraignment before accepting a guilty plea constitutes fundamental error requiring reversal.
[1] A trial judge's failure to advise a juvenile defendant of the right to counsel at the critical stage of arraignment before accepting a guilty plea constitutes fundamental…
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Join FLexlaw to unlock all legal intelligenceS.S., a juvenile, was charged with battery and appeared for arraignment. The trial judge advised him of the right to counsel only if he went to trial …
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GREEN, Judge.
Appellant, S.S., timely presents several points on appeal, one of which requires reversal and, therefore, relieves us of the necessity of considering the remaining points.
S.S. was charged with battery and appeared for arraignment. The trial judge failed to advise him concerning his right to counsel for representation at arraignment before she accepted a plea of guilty to the charge. The judge did advise S.S. he had a right to counsel in the event he went to trial, and the judge accepted a form signed by S.S. and his mother wherein it was asserted, under oath, that S.S. was entitled to “the right to an attorney, and the right to have an attorney appointed if I cannot afford one[.]” The form itself is 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. O.C., 24 Fla. L. Weekly S425, — So. 2d -, 1999 WL 731661 (Fla.1999). The trial judge’s failure to adequately advise S.S. concerning his right to appointment of counsel at the critical stage of arraignment constitutes fundamental error. See J.O. v. State, 717 So. 2d 185 (Fla. 5th DCA 1998).
Reversed and remanded for further proceedings.
PATTERSON, C.J., and THREADGILL, J., Concur.
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Citator
Cited By
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State v. T.G., 800 So. 2d 204 (Fla. 2001)…duty to comply with rule 8.165. Further, courts have consistently reversed adjudications of delinquency for failure to comply with rule 8.165. See J.A.S. v. State, 746 So. 2d 1225, 1226 (Fla. 4th DCA 1999); P.L.S., 745 So. 2d at 557; S.S. v. State, 744 So. 2d 600, 601 (Fla. 2d DCA 1999); M.A.F., 742 So. 2d at 535; A.G. v. State, 737 So. 2d 1244, 1247 (Fla. 5th DCA 1999). Therefore, for the reasons expressed below, the trial court’s failure in this case to renew the offer of counsel and conduct a thorough inq…
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D.C.W. v. State, 775 So. 2d 363 (Fla. 2d DCA 2000)…to waive that right in an intelligent and understanding fashion. This issue may be reviewed for the first time on appeal because the failure to adequately advise a juvenile of his right to counsel constitutes fundamental error.1 See S.S. v. State, 744 So. 2d 600, 601 (Fla. 2d DCA 1999); B.P. v. State, 759 So. 2d 741 (Fla. 5th DCA 2000); T.G. v. State, 741 So. 2d 517 (Fla. 5th DCA 1999), review granted, 751 So. 2d 1254 (Fla.2000). Accordingly, we reverse and remand this matter to the trial court with directi…
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L.D.S.J. v. State, 14 So. 3d 289 (Fla. 1st DCA 2009)…ney assigned by the court to assist the child, as required by the rule. In any event, the trial court had an obligation to ensure the child intelligently and voluntarily waived his right to counsel, which the trial court failed to do. S.S. v. State, 744 So. 2d 600 (Fla. 2d DCA 1999) (holding that mother’s signing of waiver form did not excuse the trial court’s failure to advise the juvenile of his right to counsel). Because the trial court failed to make the proper inquiries in determining that Appellant’s w…
Authorities Cited
- J.O. v. State, 717 So. 2d 185 (Fla. 5th DCA 1998)
- A.D. v. State, 740 So. 2d 565 (Fla. 5th DCA 1999)
- A.P. v. State, 740 So. 2d 1241 (Fla. 5th DCA 1999)