Opinion

N.R.L. v. State

1996 Fla. App. LEXIS 12898 · District Court of Appeal of Florida · Dec 13, 1996

Full text

N.R.L., a Child v. STATE of Florida

Opinions in this case

Opinion
Majority — Goshorn

GOSHORN, Judge. N.R.L. appeals the order adjudicating him delinquent and committing him to the Department of Juvenile Justice. The order was entered following N.R.L.’s no contest plea to grand theft. N.R.L. was not represented by counsel when he entered his plea, and the transcript of the arraignment reflects that there was no “thorough inquiry” made into N.R.L.’s desire to waive his right to counsel, contrary to the requirement of Florida Rule of Juvenile Procedure 8.165(b)(2). Accordingly, we must reverse. See In the Interest of D.L.A., 667 So.2d 330 (Fla. 1st DCA 1995) (holding that reversal is required where child was not advised of his right to counsel at each stage and no inquiry was made to determine whether waiver of that right was freely and intelligently made). Upon remand, the requirements of rule 8.165 must be adhered to. N.R.L. must be advised of his right to counsel and, if he chooses to waive counsel, N.R.L. must be queried to determine whether his waiver was freely and intelligently made. Only thereafter may N.R.L.’s plea be taken. REVERSED and REMANDED WITH INSTRUCTIONS. ■ PETERSON, C.J., and W. SHARP, J., concur.

1996 WL 714097

Cited by

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District Court of Appeal of Florida · Jan 14, 2000
P.L.S. v. State
District Court of Appeal of Florida · Dec 8, 1999
J.O. v. State
District Court of Appeal of Florida · Sep 18, 1998
D.L. v. State
District Court of Appeal of Florida · Sep 11, 1998
J.R.V. v. State
District Court of Appeal of Florida · Aug 21, 1998
L.D.H. v. State
District Court of Appeal of Florida · Jun 5, 1998

Parentheticals

defendant must be advised of his right to counsel, and if he chooses to waive counsel, the court must query the defendant to determine if the waiver was freely and intelligently made
D.L. v. State
defendant must be advised of his right to counsel, and if he chooses to waive counsel the court must query the defendant to determine if the waiver was freely and intelligently made
J.O. v. State
defendant must be advised of his right to counsel, and, if he chooses to waive counsel, the court must query the defendant to determine if the waiver was freely and intelligently made
D.L. v. State