G.E.F., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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G.E.F., a juvenile, appeals his adjudication of delinquency for resisting an officer without violence following a guilty plea. The court reversed because the trial court failed to comply with Florida Rule of Juvenile Procedure 8.165's requirements for a thorough inquiry into a juvenile's waiver of counsel.
The court held that the trial court's abbreviated inquiry regarding waiver of counsel failed to satisfy the requirements of Rule 8.165, which mandates that the entire process of offering counsel be completed and a thorough inquiry into the child's comprehension and capacity to make an intelligent choice be conducted.
[1] A juvenile's waiver of counsel is invalid if the court fails to conduct a thorough inquiry into the juvenile's comprehension of the offer of counsel and capacity to make…
[2] A juvenile shall not be deemed to have waived the assistance of counsel until the entire process of offering counsel has been completed.
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Join FLexlaw to unlock all legal intelligence“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 understandingly has been made.”
This quote establishes the mandatory requirement under Florida Rule of Juvenile Procedure 8.165 for a complete and thorough inquiry before accepting a juvenile's waiver of counsel.
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Join FLexlaw to unlock all legal intelligenceG.E.F. was charged with resisting an officer without violence for an offense on June 24, 1999. At a detention hearing on July 15, 1999, G.E.F.'s fathe…
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SALCINES, Judge.
G.E.F., a juvenile, appeals his adjudication of delinquency and commitment following his plea of guilty for resisting an officer without violence. He asserts that the requirements of Florida Rule of Juvenile Procedure 8.165, concerning waiver of counsel, were not met. We agree and reverse.
The State filed a petition for delinquency charging G.E.F. with resisting an offi cer without violence for an offense occurring on June 24, 1999. G.E.F. and his parents appeared for G.E.F.’s detention hearing on July 15, 1999, before the juvenile division of the circuit court. When asked whether G.E.F. wanted an attorney, G.E.F.’s father replied in the negative. No further inquiry regarding waiver of counsel was conducted.
Subsequently, on July 23, 1999, G.E.F. appeared for a plea hearing before the juvenile court. During the hearing, the following colloquy, regarding waiver of counsel, transpired between the court, G.E.F., and G.E.F.’s mother:
THE COURT: Ma'am, again I have offered him an attorney. Can you afford to hire him an attorney?
[G.E.F.’s MOTHER]: No Ma'am. I can’t.
THE COURT: Do you understand Sir that you have a right though to have a public defender and you are waiving that right?
[G.E.F.]: Yes Ma'am.
No further inquiry was made regarding waiver of counsel. G.E.F. entered a plea of guilty to the charged offense. The juvenile court adjudicated G.E.F. delinquent and committed him to the Department of Juvenile Justice.
Florida Rule of Juvenile Procedure 8.165 provides the following with respect to the waiver of counsel by a juvenile:
(b) Waiver of Counsel.
(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 understandingly 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.
As in D.C.W. v. State, 775 So. 2d 363 (Fla. 2d DCA 2000), the record in the present case indicates that an abbreviated inquiry regarding waiver of counsel was made, but failed to satisfy the requirements of rule 8.165. Accordingly, we reverse.
Reversed and remanded.
CASANUEVA, A.C.J., and STRINGER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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J.M.B. v. State, 800 So. 2d 317 (Fla. 2d DCA 2001)…nderstandingly has been made.” Here, because the inquiry under rule 8.080 was incomplete, there was no effective waiver of counsel under rule 8.165. Under similar circumstances this court has reversed an adjudication of delinquency. G.E.F. v. State, 782 So. 2d 951 (Fla. 2d DCA 2001). Moreover, the trial judge failed to renew the offer of counsel at each stage of 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…
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T.M. v. State, 811 So. 2d 837 (Fla. 4th DCA 2002)…his case, the trial judge did not conduct a “thorough inquiry” into T.M.’s waiver of his right to counsel, prior to accepting his plea, as contemplated by rule 8.165. See P.L.S. v. State, 745 So. 2d 555 (Fla. 4th DCA 1999). See also G.E.F. v. State, 782 So. 2d 951 (Fla. 2d DCA 2001) (reversing for failure to conduct proper inquiry into waiver of counsel); D.C.W. v. State, 775 So. 2d 363 (Fla. 2d DCA 2000) (same); B.F. v. State, 747 So. 2d 1061 (Fla. 5th DCA 2000) (same). In P.L.S., the trial judge conducted…
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V.S.J. v. State, 793 So. 2d 104 (Fla. 2d DCA 2001)…waiver of counsel. Rather than addressing V.S.J. individually, as in D.C.W. v. State, 775 So. 2d 363 (Fla. 2d DCA 2000), the trial judge addressed the juveniles appearing that day en masse and advised them of their rights. See also G.E.F. v. State, 782 So. 2d 951 (Fla. 2d DCA 2001). We recognize that this method offers some [*106] convenience, but it also reduces the probability that every accused will be adequately and effectively advised of his or her constitutional rights. See Fla. R. Juv. P. 8.010(e), 8.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- D.C.W. v. State, 775 So. 2d 363 (Fla. 2d DCA 2000)