ANTWAN BELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTWAN BELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
811 So. 2d 837
Florida District Court of Appeal, Fifth District (2002)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Wick v. State, 651 So. 2d 765, 766 (Fla. 3d DCA 1995).
SHARP, W., SAWAYA, and PLEUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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M.Q. v. State, 818 So. 2d 615 (Fla. 5th DCA 2002)…, distinguished, State v. T.G., 800 So. 2d 204 (Fla.2001). A trial court’s failure to make or renew the offer of counsel and conduct a thorough inquiry into a juvenile’s comprehension of the offer constitutes fundamental error. T.G.; T.M. v. State, 811 So. 2d 837 (Fla. 4th DCA 2002). If the waiver of counsel is invalid, a guilty plea entered without the advice of counsel, is involuntary as a matter of law. T.G. Further, in T.G., the supreme court held that where a juvenile is not represented by counsel and t…
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K.E.N. v. State, 892 So. 2d 1176 (Fla. 5th DCA 2005)…y and intelligently, and (3) determine whether any unusual circumstances existed which would preclude the juvenile from exercising his right to represent himself. See B.F. v. State, 747 So. 2d 1061, 1065 (Fla. 5th DCA 2000); see also T.M. v. State, 811 So. 2d 837 (Fla. 4th DCA 2002). We have grave reservations concerning whether those tasks can ever be accomplished at a “group rights advisory.” We have no doubt, however, that the trial court failed to conduct a thorough judicial inquiry at the time that K.E…
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S.A. v. State, 816 So. 2d 1201 (Fla. 4th DCA 2002)…Juvenile Procedure 8.165(b)(2).1 Based on the supreme court’s previous discussion and holding in State v. T.G., 800 So. 2d 204, 213 (Fla.2001), we agree and hereby reverse S.A.’s commitment and remand for a new plea hearing. See also T.M. v. State, 811 So. 2d 837, 839 (Fla. 4th DCA 2002)(re-versing for failure to conduct proper inquiry into waiver of counsel). REVERSED and REMANDED. POLEN, C.J., STEVENSON and TAYLOR, JJ., concur. . A child shall not be deemed to have waived the assistance of counsel u…
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- Wick v. State, 651 So. 2d 765 (Fla. 3d DCA 1995)