J.A., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
J.A. appeals the judgment adjudicating him delinquent and committing him to the Department of Juvenile Justice for a level six, moderate risk residential program after he pled nolo contendere to possession of marijuana. J.A. contends that the trial court failed to make a thorough inquiry into whether he voluntarily and intelligently waived his right to counsel before accepting his plea. Because J.A. did not first move to withdraw his plea in the trial court, we dismiss this appeal for lack of jurisdiction without prejudice to J.A.’s right to file a petition for writ of habeas corpus. See J.M.B. v. State, 750 So. 2d 654 (Fla. 2d DCA 1999); see also § 985.234, Fla. Stat. (1999); Fla. R.App. P. 9.140(b)(2)(B)(m) and 9.145.
DISMISSED.
KLEIN, STEVENSON and HAZOURI, JJ., concur.
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State v. T.G., 800 So. 2d 204 (Fla. 2001)…edings, 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. Fla. R. Juv. P. 8.165. . More recently, however, the Fourth District in J.A. v. State, 758 So. 2d 1276 (Fla. 4th DCA 2000), dismissed an appeal without receding from, referencing, or distinguishing its earlier decisions in J.A.S. or P.L.S. because the juvenile did not first move to withdraw the plea where the allegation was that the trial court did n…
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D.C.W. v. State, 775 So. 2d 363 (Fla. 2d DCA 2000)…cur. . We note that the Fourth District cited to our decision in J.M.B. v. State, 750 So. 2d 654 (Fla. 2d DCA 1999), to support its holding that there must be a motion to withdraw a plea in order to preserve the issue for appeal. See J.A. v. State, 758 So. 2d 1276 (Fla. 4th DCA 2000). However, J.M.B. is not applicable because that case questioned the voluntary nature of a plea and did not involve the issue of the failure to inform a juvenile of his right to be represented by counsel in accordance with Florida…
Authorities Cited
- J.M.B. v. State, 750 So. 2d 654 (Fla. 2d DCA 1999)