T.R. v. State

District Court of Appeal of Florida

T.R. v. State

216 So. 3d 767, 2017 Fla. App. LEXIS 6140

CourtDistrict Court of Appeal of Florida

DecidedMay 3, 2017

DocketCase No. 2D16-2523

StatusPublished

This text of 216 So. 3d 767 (T.R. 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.

Bluebook

T.R. v. State, 216 So. 3d 767, 2017 Fla. App. LEXIS 6140 (Fla. Ct. App. 2017).

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Opinion

MORRIS, Judge.

T.R. appeals his juvenile adjudication of delinquency for the offense of battery and a disposition order placing him on probation for one year. T.R. argues—and we agree—that the trial court committed fundamental error by failing to make a proper inquiry into T.R.’s waiver of counsel at both the plea and disposition hearings in violation of Florida Rule of Juvenile Procedure 8.165. See, e.g., State v. T.G., 800 So.2d 204 (Fla. 2001); D.A.C. v. State, 201 So.3d 1249 (Fla. 2d DCA 2016); C.K. v. State, 909 So.2d 602 (Fla. 2d DCA 2005); D.C.W. v. State, 775 So.2d 363, 364 (Fla. 2d DCA 2000). The State concedes error. Accordingly, we reverse and remand for further proceedings.

Reversed; remanded.

CRENSHAW and BLACK, JJ., Concur.

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MORRIS, Judge.

T.R. appeals his juvenile adjudication of delinquency for the offense of battery and a disposition order placing him on probation for one year. T.R. argues—and we agree—that the trial court committed fundamental error by failing to make a proper inquiry into T.R.’s waiver of counsel at both the plea and disposition hearings in violation of Florida Rule of Juvenile Procedure 8.165. See, e.g., State v. T.G., 800 So.2d 204 (Fla. 2001); D.A.C. v. State, 201 So.3d 1249 (Fla. 2d DCA 2016); C.K. v. State, 909 So.2d 602 (Fla. 2d DCA 2005); D.C.W. v. State, 775 So.2d 363, 364 (Fla. 2d DCA 2000). The State concedes error. Accordingly, we reverse and remand for further proceedings.

Reversed; remanded.

CRENSHAW and BLACK, JJ., Concur.

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216 So. 3d 767, 2017 Fla. App. LEXIS 6140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tr-v-state-fladistctapp-2017.

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