R.D.M. v. State

District Court of Appeal of Florida

R.D.M. v. State

626 So. 2d 1088, 1993 Fla. App. LEXIS 11677, 1993 WL 474007

CourtDistrict Court of Appeal of Florida

DecidedNovember 19, 1993

DocketNo. 93-451

StatusPublished

Cited by1 cases

This text of 626 So. 2d 1088 (R.D.M. 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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R.D.M. v. State, 626 So. 2d 1088, 1993 Fla. App. LEXIS 11677, 1993 WL 474007 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

The appellant, a juvenile, was not present at the adjudicatory hearing at which he was adjudicated delinquent for carrying a concealed firearm. The state correctly concedes error, as juveniles have the right to be present at their adjudicatory hearings. M.C. v. State, 516 So.2d 1076 (Fla. 2d DCA 1987); Fla.R.Juv.P. 8.100(a). Although defense [1089]*1089counsel waived appellant’s presence at the hearing, such waiver was ineffective absent some ratification of the waiver on the part of the accused. See Savino v. State, 555 So.2d 1237, 1238 (Fla. 4th DCA 1989), rev’d on other grounds, 567 So.2d 892 (Fla.1990).

Accordingly, the adjudication of delinquency is reversed, and the case is remanded for a new adjudicatory hearing.

MINER, WEBSTER and MICKLE, JJ., concur.

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PER CURIAM.

The appellant, a juvenile, was not present at the adjudicatory hearing at which he was adjudicated delinquent for carrying a concealed firearm. The state correctly concedes error, as juveniles have the right to be present at their adjudicatory hearings. M.C. v. State, 516 So.2d 1076 (Fla. 2d DCA 1987); Fla.R.Juv.P. 8.100(a). Although defense [1089]*1089counsel waived appellant’s presence at the hearing, such waiver was ineffective absent some ratification of the waiver on the part of the accused. See Savino v. State, 555 So.2d 1237, 1238 (Fla. 4th DCA 1989), rev’d on other grounds, 567 So.2d 892 (Fla.1990).

Accordingly, the adjudication of delinquency is reversed, and the case is remanded for a new adjudicatory hearing.

MINER, WEBSTER and MICKLE, JJ., concur.

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626 So. 2d 1088, 1993 Fla. App. LEXIS 11677, 1993 WL 474007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rdm-v-state-fladistctapp-1993.

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