J.A.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
J.A.S., a sixteen year old, was arrested for battery and taken to a detention center where the public defender was appointed to represent her. At her arraignment she signed a form indicating an intention to waive her right to counsel, which the court allowed her to do, and she then pled guilty. The problem is that the court did not follow Florida Rule of Juvenile Procedure 8.165(a), which requires the court to advise appellant of her right to counsel, making “a thorough 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. T.G., 800 So. 2d 204 (Fla. 2001)…and later exercised his right to counsel on appeal does not relieve the court of its 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 c…
Authorities Cited
- J.O. v. State, 717 So. 2d 185 (Fla. 5th DCA 1998)
- M.A.F. v. State, 742 So. 2d 534 (Fla. 2d DCA 1999)