M. P. v. State

District Court of Appeal of Florida

M. P. v. State

284 So. 2d 461

District Court of Appeal of Florida·Decided October 16, 1973·No. No. 73-127·Published

Opinion

PER CURIAM.

The appellant, a juvenile, was charged as a delinquent upon the basis of his alleged participation in the breaking and entering of a store with intent to commit larceny. His trial was held before a referee pursuant to Chapter 20808, Laws of Florida, 1941. The appellant was represented by a public defender who offered no objection to the procedure. Nevertheless, on this appeal the appellant contends that the failure to grant him a trial before the court was fundamental error. We agree and reverse upon authority of our holding in K. M. v. State, Fla.App.1973, 277 So.2d 577.

Reversed and remanded for a new trial.

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PER CURIAM.

The appellant, a juvenile, was charged as a delinquent upon the basis of his alleged participation in the breaking and entering of a store with intent to commit larceny. His trial was held before a referee pursuant to Chapter 20808, Laws of Florida, 1941. The appellant was represented by a public defender who offered no objection to the procedure. Nevertheless, on this appeal the appellant contends that the failure to grant him a trial before the court was fundamental error. We agree and reverse upon authority of our holding in K. M. v. State, Fla.App.1973, 277 So.2d 577.

Reversed and remanded for a new trial.

M. P. v. State, 284 So. 2d 461 (Fla. Ct. App. 1973).

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