From Casetext: Smarter Legal Research

E.C.H. v. State

District Court of Appeal of Florida, Fifth District
Mar 10, 2000
751 So. 2d 776 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D99-2091.

Opinion filed March 10, 2000.

Appeal from the Circuit Court for Orange County, Jose R. Rodriguez, Judge.

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellee.


Appellant correctly argues that the adjudication of delinquency must be reversed because the court accepted from Appellant an uncounseled plea of no contest on two felony counts and a guilty plea to violation of probation, without first advising Appellant of his right to counsel, without first inquiring of Defendant if he wished to waive counsel and determining that such waiver was freely and intelligently made, and without securing from him a written waiver of counsel as required by Florida Rule of Juvenile Procedure 8.165(a). See T.G. v. State, 741 So.2d 517 (Fla. 5th DCA 1999), rev. granted, No. 96,081 (Fla. Jan. 6, 2000); D.L. v. State, 719 So.2d 931 (Fla. 5th DCA 1998), rev. denied, 727 So.2d 911 (Fla. 1999); J.O. v. State, 717 So.2d 185 (Fla. 5th DCA 1998).

The adjudication of delinquency and the disposition thereon and the adjudication on the probation violation are reversed and the cause is remanded for further proceedings consistent herewith.

REVERSED and REMANDED.

GRIFFIN, THOMPSON, JJ., and ORFINGER, M., Senior Judge, concur.


Summaries of

E.C.H. v. State

District Court of Appeal of Florida, Fifth District
Mar 10, 2000
751 So. 2d 776 (Fla. Dist. Ct. App. 2000)
Case details for

E.C.H. v. State

Case Details

Full title:E.C.H., a Child, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 10, 2000

Citations

751 So. 2d 776 (Fla. Dist. Ct. App. 2000)

Citing Cases

S.S. v. State

We reverse for further proceedings. See E.C.H. v. State, 751 So.2d 776 (Fla. 5th DCA 2000). REVERSED and…

M.Q. v. State

The state concedes that the trial court failed to follow the dictates of Rule 8.165. See E.C.H. v. State, 751…