BERNARD JENNINGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2001-11-07
No. 4D01-1421
POLEN, C.J., DELL and WARNER, JJ., concur.
800 So. 2d 317 Florida District Court of Appeal, Fourth District (2001) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed, without prejudice to appellant re-filing, within thirty (30) days after the date of this opinion, his motion for post-conviction relief with a proper oath. See Wood v. State, 750 So. 2d 592, 595 (Fla.1999); Fla. R.Crim. P. 3.850(c), 3.987.

POLEN, C.J., DELL and WARNER, JJ., concur.


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  • C.K. v. State, 909 So. 2d 602 (Fla. 2d DCA 2005)
    …court to follow when determining whether a guilty or no contest plea is knowingly and voluntarily entered and whether there is a factual basis for it. The court must make an inquiry into seven areas. Fla. R. Juv. P. 8.080(b)(l)-(7); J.M.B. v. State, 800 So. 2d 317, 318 (Fla. 2d DCA 2001). The record shows that the trial court essentially failed to comply with rule 8.080.1 However, rule 8.080(f) provides that the trial court’s “[fjailure to follow any of the procedures in this rule shall not render a plea void…
  • M.M.K. v. State, 821 So. 2d 415 (Fla. 2d DCA 2002)
    …of Juvenile Procedure 8.165(b)(4) provides that if a child waives his right to counsel at any stage of the proceedings, the trial court should renew the offer of assistance of counsel at each subsequent stage of the proceedings. See J.M.B. v. State, 800 So. 2d 317 (Fla. 2d DCA 2001) (holding that the failure to comply with rule 8.165 is fundamental error); B.I. v. State, 492 So. 2d 824 (Fla. 2d DCA 1986) (concluding that trial court erred in failing to renew the offer of counsel at the adjudicatory hearing);…
  • …uvenile Procedure 8.165(b)(2)); T.M. v. State, 811 So. 2d 837 (Fla. 4th DCA 2002) (finding that trial judge fundamentally erred, in failing to conduct a proper inquiry regarding juvenile’s waiver of counsel prior to accepting plea); J.M.B. v. State, 800 So. 2d 317, 319 (Fla. 2d DCA 2001) (recognizing “that the juvenile court judge must contend with an unusually heavy docket, and was dealing, in this case, with a juvenile who was no stranger to the ways of the juvenile justice system,” but finding that trial c…

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