F.K.H. v. State

District Court of Appeal of Florida

F.K.H. v. State

841 So. 2d 645, 2003 Fla. App. LEXIS 4509

District Court of Appeal of Florida·Decided April 4, 2003·No. No. 2D02-2044·Published·Cited by 3 cases

Opinion

THREADGILL, EDWARD F., Senior Judge.

F.K.H., a ten-year old third-grader in special education classes, challenges the trial court order withholding a determination of delinquency and placing him on probation. He argues that the court failed to inquire into his waiver of counsel at the plea hearing and failed to renew an offer of counsel at the disposition hearing. The State concedes error. We reverse and remand to allow F.K.H. to enter a new [646] plea following a proper colloquy and offer of counsel in accordance with Florida Rule of Juvenile Procedure 8.165, State v. T.G., 800 So.2d 204 (Fla.2001), and G.L.D. v. State, 442 So.2d 401 (Fla. 2d DCA 1983).

Reversed.

NORTHCUTT and CASANUEVA, JJ„ Concur.

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THREADGILL, EDWARD F., Senior Judge.

F.K.H., a ten-year old third-grader in special education classes, challenges the trial court order withholding a determination of delinquency and placing him on probation. He argues that the court failed to inquire into his waiver of counsel at the plea hearing and failed to renew an offer of counsel at the disposition hearing. The State concedes error. We reverse and remand to allow F.K.H. to enter a new [646] plea following a proper colloquy and offer of counsel in accordance with Florida Rule of Juvenile Procedure 8.165, State v. T.G., 800 So.2d 204 (Fla.2001), and G.L.D. v. State, 442 So.2d 401 (Fla. 2d DCA 1983).

Reversed.

NORTHCUTT and CASANUEVA, JJ„ Concur.

F.K.H. v. State, 841 So. 2d 645, 2003 Fla. App. LEXIS 4509 (Fla. Ct. App. 2003).

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Opinion

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