S.S. v. State

District Court of Appeal of Florida

S.S. v. State

816 So. 2d 225, 2002 Fla. App. LEXIS 6355, 2002 WL 939582

Procedural entryThis page is a short order in S.S. v. State. Read the opinion of the Court — 1999 Fla. App. LEXIS 15610 →

District Court of Appeal of Florida·Decided May 10, 2002·No. No. 5D01-2190·Published

Opinion

HARRIS, J.

This juvenile waived his right to counsel and pled guilty to the charge. After sentencing, he appealed claiming the record does not reflect that his rights of counsel were explained to him prior to waiver. Because the recording device failed, this record is not complete.

The State concedes that the record must establish a knowing and voluntary waiver of the right to counsel and further concedes that “it is impossible to determine the knowing and voluntary nature of his waiver from the face of the record.” We reverse for further proceedings. See E.C.H. v. State, 751 So.2d 776 (Fla. 5th DCA 2000).

REVERSED and REMANDED.

PETERSON and GRIFFIN, JJ., concur.

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HARRIS, J.

This juvenile waived his right to counsel and pled guilty to the charge. After sentencing, he appealed claiming the record does not reflect that his rights of counsel were explained to him prior to waiver. Because the recording device failed, this record is not complete.

The State concedes that the record must establish a knowing and voluntary waiver of the right to counsel and further concedes that “it is impossible to determine the knowing and voluntary nature of his waiver from the face of the record.” We reverse for further proceedings. See E.C.H. v. State, 751 So.2d 776 (Fla. 5th DCA 2000).

REVERSED and REMANDED.

PETERSON and GRIFFIN, JJ., concur.

S.S. v. State, 816 So. 2d 225, 2002 Fla. App. LEXIS 6355, 2002 WL 939582 (Fla. Ct. App. 2002).

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Opinion

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