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D.A. v. State

District Court of Appeal of Florida, Fourth District
Dec 11, 2002
831 So. 2d 815 (Fla. Dist. Ct. App. 2002)

Summary

finding that trial judge failed to conduct a thorough and proper inquiry to determine juvenile's comprehension of the offer of appointed counsel prior to accepting waiver of counsel

Summary of this case from Amendments to Fl. Rules of Juv. Procedure

Opinion

Case No. 4D02-2643.

Opinion filed December 11, 2002.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Scott M. Kenney, Judge; L.T. Case No. 02-490 CJ.

Carey Haughwout, Public Defender, and Eunice T. Baros, Assistant Public Defender, West Palm Beach, for appellant.

Richard E. Doran, Attorney General, Tallahassee, and Sandra R. Braverman, Assistant Attorney General, Fort Lauderdale, for appellee.


Appellant, D.A., a juvenile, pled no contest to battery for striking another student. D.A. was adjudicated delinquent and was committed to the Department of Juvenile Justice for placement in a level six program. The State properly concedes error in that the trial judge failed to conduct a thorough and proper inquiry to determine appellant's comprehension of the offer of appointed counsel prior to accepting appellant's waiver of counsel. We reverse and remand this cause so that a new plea and disposition may be entered after a proper inquiry concerning the right to appointed counsel and appellant's understanding thereof has been made. See State v. T.G., 800 So.2d 204 (Fla. 2001); T.M. v. State, 811 So.2d 837 (Fla. 4th DCA 2002).

REVERSED and REMANDED.

FARMER, STEVENSON and SHAHOOD, JJ., concur.


Summaries of

D.A. v. State

District Court of Appeal of Florida, Fourth District
Dec 11, 2002
831 So. 2d 815 (Fla. Dist. Ct. App. 2002)

finding that trial judge failed to conduct a thorough and proper inquiry to determine juvenile's comprehension of the offer of appointed counsel prior to accepting waiver of counsel

Summary of this case from Amendments to Fl. Rules of Juv. Procedure
Case details for

D.A. v. State

Case Details

Full title:D.A., a child, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 11, 2002

Citations

831 So. 2d 815 (Fla. Dist. Ct. App. 2002)

Citing Cases

Amendments to Fl. Rules of Juv. Procedure

ecent examples of judges improperly accepting juveniles' waivers of counsel, resulting in reversal on appeal.…