S.A., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
S.A., a child, challenges the final judgment adjudicating her delinquent of grand theft (count I), criminal mischief in excess of $1,000 (count II), and burglary of a conveyance (count III). She contends that, at the plea hearing, the trial court fundamentally erred in failing to adequately inquire into her waiver of her right to counsel as required by Florida Rule of 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 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. Fla. R. Juv. P. 8.165(b)(2).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Amendments to the Florida Rules of Juvenile Procedure, 894 So. 2d 875 (Fla. 2005)…615 (Fla. 5th DCA 2002) (finding that although judge made an offer of counsel at hearing, inquiry was insufficient to satisfy the rule as to what juvenile’s substantive rights were, as well as whether juvenile- knowingly waived them); S.A. v. State, 816 So. 2d 1201 (Fla. 4th DCA 2002) (reversing commitment and remanding for new plea hearing where trial court failed to adequately inquire into juvenile’s waiver of right to counsel as required by Florida Rule of Juvenile Procedure 8.165(b)(2)); T.M. v. State, 811…
Authorities Cited
- State v. T.G., 800 So. 2d 204 (Fla. 2001)
- Bell v. State, 811 So. 2d 837 (Fla. 5th DCA 2002)
- T.M. v. State, 811 So. 2d 837 (Fla. 4th DCA 2002)