M. P., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1973-10-16
No. 73-127
Before PEARSON, and CHARLES CARROLL AND HENDRY, JJ.
284 So. 2d 461 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, a juvenile, was charged as a delinquent upon the basis of his alleged participation in the breaking and entering of a store with intent to commit larceny. His trial was held before a referee pursuant to Chapter 20808, Laws of Florida, 1941. The appellant was represented by a public defender who offered no objection to the procedure. Nevertheless, on this appeal the appellant contends that the failure to grant him a trial before the court was fundamental error. We agree and reverse upon authority of our holding in K. M. v. State, Fla.App.1973, 277 So. 2d 577.

Reversed and remanded for a new trial.


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Citator

Cited By

  • Smith v. State, 290 So. 2d 64 (Fla. 1974)
    …Certiorari denied. 284 So. 2d 461. ROBERTS, Acting C. J., and ERVIN, ADKINS, BOYD and McCAIN, JJ., concur.…
  • State v. M. P., 305 So. 2d 198 (Fla. 1974)
    …Appeal dismissed ex mero motu. 284 So. 2d 461. ADKINS, C. J., and ROBERTS, ERVIN, BOYD and OVERTON, JJ., concur.…

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