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633 So. 2d 562

Docket No. 93-1241.

Harris v. State

Damon HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided March 16, 1994.

District Court of Appeal of Florida · decided 1994-03-16

Cited by 3 later decisions — most recently March 1998

3 state decisions

Key passage — most relied on by later courts

“... only the defendant himself can make a knowing and intelligent waiver of this right after being made aware of it and after the trial court makes the requisite written findings.”

quoted by 1 later decision, including 659 So. 2d 1352 - Norris v. State

Relies on 620 So. 2d 1249 - Sirmons v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-03-16

View the full empirical analysis of this case →

¶1*563 Richard L. Jorandby, Public Defender, and David J. McPherrin, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3FARMER, Judge.

¶4Defendant pled no contest to attempted premeditated murder and sexual battery. Although he had reached the age of majority by the time of sentencing, he was but seventeen at the time of the offenses. At sentencing, his defense attorney purported to waive the defendant's right to be sentenced as a juvenile under section 39.111, Florida Statutes (1989). On the authority of Sirmons v. State,620 So.2d 1249 (Fla. 1993), we hold this waiver ineffective; only the defendant himself can make a knowing and intelligent waiver of this right after being made aware of it and after the trial court makes the requisite written findings. Accordingly, we reverse and remand for resentencing.

¶5GLICKSTEIN and PARIENTE, JJ., concur.

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