F.K.H., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
F.K.H., APPELLANT,
STATE OF FLORIDA, APPELLEE
841 So. 2d 645
Florida District Court of Appeal, Second District (2003)
Positive Treatment
Cited by 2 cases
Opinion of the Court
THREADGILL, EDWARD F., Senior Judge.
F.K.H., a ten-year old third-grader in special education classes, challenges the trial court order withholding a determination of delinquency and placing him on probation. He argues that the court failed to inquire into his waiver of counsel at the plea hearing and failed to renew an offer of counsel at the disposition hearing. The State concedes error. We reverse and remand to allow F.K.H. to enter a new plea following a proper colloquy and offer of counsel in accordance with Florida Rule of Juvenile Procedure 8.165, State v. T.G., 800 So. 2d 204 (Fla.2001), and G.L.D. v. State, 442 So. 2d 401 (Fla. 2d DCA 1983).
Reversed.
NORTHCUTT and CASANUEVA, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Amendments to the Florida Rules of Juvenile Procedure, 894 So. 2d 875 (Fla. 2005)…t even absent a motion to withdraw a plea, failure to advise a juvenile of right to counsel in accordance with rule 8.165 is reviewable and correctable on appeal and finding that the denial of counsel constituted fundamental error); F.K.H. v. State, 841 So. 2d 645 (Fla. 2d DCA 2003) (reversing and remanding a determination of delinquency and placement of juvenile on probation where trial court failed to inquire into juvenile’s waiver of counsel at the plea hearing and failed to renew an offer of counsel at th…
-
C.V. v. State, 915 So. 2d 664 (Fla. 2d DCA 2005)…ly and intelligently, and (3) determine whether any unusual circumstances existed which would preclude [the juvenile] from exercising his right to represent himself.” G.L.D. v. State, 442 So. 2d 401, 404 (Fla. 2d DCA 1983); see also F.K.H. v. State, 841 So. 2d 645 (Fla. 2d DCA 2003). At the time of C.V.’s arraignment, the trial court accepted C.V.’s oral waiver of counsel and admission to the charges. However, the court did not inform C.V. of the benefits he would relinquish, did not warn him of the danger…
Authorities Cited
- State v. T.G., 800 So. 2d 204 (Fla. 2001)
- G.L.D. v. State, 442 So. 2d 401 (Fla. 2d DCA 1983)