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. ProcedureOpinion
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.