M. P. v. State

District Court of Appeal of Florida

M. P. v. State

284 So. 2d 461

CourtDistrict Court of Appeal of Florida

DecidedOctober 16, 1973

DocketNo. 73-127

StatusPublished

This text of 284 So. 2d 461 (M. P. v. State) 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.

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

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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.

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