Opinion
No. 1D05-5458.
July 20, 2006.
An appeal from the Circuit Court for Columbia County. Julian E. Collins, Judge.
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.
Charlie Crist, Attorney General, and Tracy Lee Cooper, Assistant Attorney General, Tallahassee, for Appellee.
Appellant, S.H., a child, appeals the trial court's order committing her to a moderate-risk juvenile facility following her uncounseled guilty plea to the first-degree misdemeanor of resisting an officer without violence. The state properly concedes that appellant's waiver of counsel at the plea proceeding was not done knowingly and intelligently.
Accordingly, we reverse the order of disposition committing appellant to a moderate-risk juvenile facility, and remand the case with directions to the trial court to permit appellant to withdraw her plea and thereafter for it to conduct proceedings in accordance with the requirements of Florida Rule of Juvenile Procedure 8.165 and State v. T.G., 800 So.2d 204 (Fla. 2001).
REVERSED and REMANDED.
ERVIN, BENTON, and BROWNING, JJ., concur.