P.L.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court failed to conduct a thorough inquiry into the juvenile's comprehension of his right to counsel and his capacity to waive it, as required by the Florida Rules of Juvenile Procedure.
[1] A trial court must conduct a thorough inquiry into a juvenile's comprehension of the offer of counsel and capacity to make an intelligent waiver, even when the juvenile i…
[2] A juvenile's announced intention to plead guilty does not, in itself, constitute a waiver of counsel at any subsequent stage of the proceedings.
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Join FLexlaw to unlock all legal intelligenceA minor, P.L.S., was adjudicated delinquent and committed. He waived his right to counsel at arraignment and for a subsequent charge, but the trial co…
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GROSS, J.
On October 29, 1998 appellant P.L.S., a minor, was adjudicated delinquent of nine counts of burglary, six counts of petit theft, and three counts of grand theft. He was committed to a level four program, to be followed by community control, including 100 hours of community service. On appeal, P.L.S. contends that the trial court failed to conduct an inquiry regarding his waiver of counsel that complies with the requirements of the Florida Rules of Juvenile Procedure. We agree and reverse.
On October 1, 1998, P.L.S. was arraigned on nine cases. The trial court noted that P.L.S. had signed a written waiver of counsel form. When the court asked appellant why he did not wish to be represented by an attorney, appellant answered, “I plead guilty.” The following exchange then occurred:
THE COURT: You’re going to plead guilty to all of these charges?
THE COURT: Even if you intend to plead guilty to all of these charges do you understand that you have the right to an attorney?
THE COURT: And if your family cannot afford to hire a lawyer for you I can appoint the Public Defender. Do you understand that?
THE COURT: Are you fourteen years old?
THE COURT: All right. With that understanding do you still wish to give up your right to an attorney and represent yourself—
THE COURT: — in all these charges?
THE COURT: Do you agree with that decision, ma'am?
APPELLANT’S MOTHER: Yes sir. The trial court then found that P.L.S. voluntarily waived his right to an attorney and asked him to enter a plea under oath.
THE COURT: You told me you want to enter pleas of guilty to various charges of -burglary and petit theft in one, two, some are also grand theft, three, four, five, six, seven, eight, nine cases, is that correct?
THE COURT: Do you understand that by entering these pleas of guilty that you’re giving up your right to a trial on these charges?
THE COURT: And do you understand that as a result of these pleas of guilty that a penalty will be imposed which could include a requirement that you be sent away from home for a while? That is a possibility. Do you understand that?
The court found that there was a factual basis for each of the charges and that P.L.S. freely and voluntarily entered pleas of guilty to each.
On the same day as the arraignment and pleas, P.L.S. and his mother signed a written waiver of counsel, stating that both were informed of appellant’s right to remain silent and to be represented by counsel. The form further stated that the mother joined in her son’s waiver of his rights.
On October 29, 1998, appellant was before the court for disposition of the October 1 cases and for arraignment on a new charge. Again, appellant stated that he did not want a court appointed attorney, and indicated that he wanted to represent himself and plead guilty. The trial court conducted an inquiry similar to the one set forth above.
Florida Rule of Juvenile Procedure 8.165(a) requires a trial court to “advise the child of the child’s right to counsel. The court shall appoint counsel as provided by law unless waived by the child at each stage of the proceeding.” Rule 8.165(b) specifies the type of detailed inquiry that is required even where a juvenile indicates a desire to plead guilty without the assistance of a lawyer:
(1) The failure of a child to request appointment of counsel at a particular stage in the proceedings or the child’s announced intention to plead guilty shall not, in itself, constitute a waiver of counsel at any subsequent stage of the proceedings.
(2) A child shall not be deemed to have waived the assistance of counsel until the entire process of offering counsel has been completed and a thorough inquiry into the child’s comprehension of that offer and the capacity to make that choice intelligently and understanding^ has been made.
(3) No waiver shall be accepted where it appears that the party is unable to make an intelligent and understanding choice because of mental condition, age, education, experience, the nature or complexity of the case, or other factors.
(4) If a waiver is accepted at any stage of the proceedings, the offer of assistance of counsel shall be renewed by the court at each subsequent stage of the proceedings at which the party appears without counsel.
As the state concedes, the trial court’s inquiry was not sufficient to satisfy the dictates of Rule 8.165(b). The extent of the court’s inquiry into appellant’s waiver of counsel, beyond asking whether he was aware of his right to a lawyer 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 consideration of his age, education, experience, mental condition, and the nature and complexity of the case.
Rule 8.165(b) is consistent with case law that predates its enactment. The Rule’s 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.’ ” G.L.D. v. State, 442 So. 2d 401, 404 (Fla. 2d DCA 1983) (quoting R.V.P. v. State, 395 So. 2d 291, 292 (Fla. 5th DCA 1981)). Information contained in the predisposition report further called into question appellant’s ability to competently make the decision to waive his right to a lawyer. The report indicated that appellant (1) had significant behavioral problems including “attention deficit hyperactivity disorder”; (2) was prescribed Depakote and Zoloft; and (3) had been hospitalized.
Failure to comply with Rule 8.165 is fundamental error. See J.O. v. State, 717 So. 2d 185 (Fla. 5th DCA 1998). Appellant’s delinquency adjudication and commitment are reversed, and the case is remanded back to the trial court for an arraignment on all charges.
STONE, J., and JULIAN, JOYCE A., Associate Judge, concur.
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State v. T.G., 800 So. 2d 204 (Fla. 2001)…e 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 1999) (quoting G.L.D. v. State, 442 So. 2d 401, 404 (Fla. 2d DCA 1983)). Although the inquiry for juveniles must be at least equal to that accorded adults, courts should be even more careful when accepting a waiver of counsel from…
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M.Q. v. State, 818 So. 2d 615 (Fla. 5th DCA 2002)…hts were (as well as whether he knowingly waived them). The requirement is one of detailed inquiry, because it is “extremely doubtful that any child of limited experience can possibly comprehend the importance of counsel.” See T.G.; P.L.S. v. State, 745 So. 2d 555, 557 (Fla. 4th DCA 1999), quoting G.L.D. v. State, 442 So. 2d 401, 404 (Fla. 2d DCA 1983). At the February 19, 2001 hearing, M.Q. was again unrepresented, but the judge merely imposed the commitment. There was no offer of counsel, and no basis to c…
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G.T. v. State, 948 So. 2d 900 (Fla. 2d DCA 2007)…cannot be ascertained whether the waiver of counsel was made ‘knowingly and intelligently in consideration of [the juvenile’s] age, education, experience, mental condition, and the nature and complexity of the case.’ ” Id. (quoting P.L.S. v. State, 745 So. 2d 555, 557 (Fla. 4th DCA 1999)). “ ‘Fundamental error’ occurs in instances when juveniles enter uncounseled pleas where the trial court failed to comply with the requirements of rule 8.165.” Id. at 213. In this case, although the trial court informed G.T…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the Interest of R. v. P., 395 So. 2d 291 (Fla. 5th DCA 1981)
- J.R.V. v. State, 715 So. 2d 1135 (Fla. 5th DCA 1998)
- J.O. v. State, 717 So. 2d 185 (Fla. 5th DCA 1998)
- G.L.D. v. State, 442 So. 2d 401 (Fla. 2d DCA 1983)
- N.R.L. v. State, 684 So. 2d 299 (Fla. 5th DCA 1996)
- 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)
- A.M. v. State, 723 So. 2d 383 (Fla. 2d DCA 1998)