In the Interest of D. C. T.

District Court of Appeal of Florida

In the Interest of D. C. T.

347 So. 2d 687, 1977 Fla. App. LEXIS 15757

CourtDistrict Court of Appeal of Florida

DecidedJune 10, 1977

DocketNo. 76-1452

StatusPublished

This text of 347 So. 2d 687 (In the Interest of D. C. T.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In the Interest of D. C. T., 347 So. 2d 687, 1977 Fla. App. LEXIS 15757 (Fla. Ct. App. 1977).

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Opinion

PER CURIAM.

Upon review and due consideration we are of the opinion that the record on appeal does not adequately reflect that defendant was made fully aware of his constitutional right to be represented by counsel nor does the record adequately reflect a knowing and intelligent waiver of such right. In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967); Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938); Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 [688]*688L.Ed.2d 562 (1975); United States v. Garcia, 517 F.2d 272 (5th Cir. 1975); Commonwealth v. Tyler, 468 Pa. 193, 360 A.2d 617 (1976); Bryan v. State, 345 So.2d 1095, Second District Court of Appeal Case, opinion filed May 6, 1977; Arnold v. State, 265 So.2d 64 (Fla. 3d DCA 1972). Accordingly, the adjudication of delinquency is reversed and the cause remanded for such other proceedings as may be consistent herewith.

REVERSED AND REMANDED.

MAGER, C. J., and ALDERMAN and ANSTEAD, JJ., concur.

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PER CURIAM.

Upon review and due consideration we are of the opinion that the record on appeal does not adequately reflect that defendant was made fully aware of his constitutional right to be represented by counsel nor does the record adequately reflect a knowing and intelligent waiver of such right. In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967); Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938); Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 [688]*688L.Ed.2d 562 (1975); United States v. Garcia, 517 F.2d 272 (5th Cir. 1975); Commonwealth v. Tyler, 468 Pa. 193, 360 A.2d 617 (1976); Bryan v. State, 345 So.2d 1095, Second District Court of Appeal Case, opinion filed May 6, 1977; Arnold v. State, 265 So.2d 64 (Fla. 3d DCA 1972). Accordingly, the adjudication of delinquency is reversed and the cause remanded for such other proceedings as may be consistent herewith.

REVERSED AND REMANDED.

MAGER, C. J., and ALDERMAN and ANSTEAD, JJ., concur.

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347 So. 2d 687, 1977 Fla. App. LEXIS 15757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-d-c-t-fladistctapp-1977.

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