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782 So. 2d 951

G.E.F. v. State

District Court of Appeal of Florida · decided 2001-04-06

Cited by 8 later decisions — most recently May 2007

8 state decisions

Key passage — most relied on by later courts

“(a) Duty of the Court. The court shall advise the child of the child's right to counsel. The court shall appoint counsel as provided by law unless waived by the child at each stage of the proceeding. This waiver shall be in writing if made at the time of a plea of guilty or no contest or at the adjudicatory hearing. (b) Waiver of Counsel. (1) The failure of a child to request appointment of counsel at a particular stage in the proceedings or the child's announced intention to plead guilty shall not, in itself, constitute a waiver of counsel at any subsequent stage of the proceedings. (2) A child shall not be deemed to have waived the assistance of counsel until the entire process of offering counsel has been completed and a thorough inquiry into the child's comprehension of that offer and the capacity to make that choice intelligently and understandingly has been made. (3) No waiver shall be accepted where it appears that the party is unable to make an intelligent and understanding choice because of mental condition, age, education, experience, the nature or complexity of the case, or other factors. (4) If a waiver is accepted at any stage of the proceedings, the offer of assistance of counsel shall be renewed by the court at each subsequent stage of the proceedings at which the party appears without counsel.”

quoted by 3 later decisions, including T.M. v. State, 800 So. 2d 317 - JMB v. State

Relies on D.C.W. v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-04-06

View the full empirical analysis of this case →

SALCINES, Judge.

¶1G.E.F., a juvenile, appeals his adjudication of delinquency and commitment following his plea of guilty for resisting an officer without violence. He asserts that the requirements of Florida Rule of Juvenile Procedure 8.165, concerning waiver of counsel, were not met. We agree and reverse.

¶2The State filed a petition for delinquency charging G.E.F. with resisting an offi*952cer without violence for an offense occurring on June 24, 1999. G.E.F. and his parents appeared for G.E.F.’s detention hearing on July 15, 1999, before the juvenile division of the circuit court. When asked whether G.E.F. wanted an attorney, G.E.F.’s father replied in the negative. No further inquiry regarding waiver of counsel was conducted.

¶3Subsequently, on July 23, 1999, G.E.F. appeared for a plea hearing before the juvenile court. During the hearing, the following colloquy, regarding waiver of counsel, transpired between the court, G.E.F., and G.E.F.’s mother:

THE COURT: Ma'am, again I have offered him an attorney. Can you afford to hire him an attorney?
[G.E.F.’s MOTHER]: No Ma'am. I can’t.
THE COURT: Do you understand Sir that you have a right though to have a public defender and you are waiving that right?
[G.E.F.]: Yes Ma'am.

¶4No further inquiry was made regarding waiver of counsel. G.E.F. entered a plea of guilty to the charged offense. The juvenile court adjudicated G.E.F. delinquent and committed him to the Department of Juvenile Justice.

¶5Florida Rule of Juvenile Procedure 8.165 provides the following with respect to the waiver of counsel by a juvenile:

(b) Waiver of Counsel.
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(2) A child shall not be deemed to have waived the assistance of counsel until the entire process of offering counsel has been completed and a thorough inquiry into the child’s comprehension of that offer and the capacity to make that choice intelligently and understandingly has been made.
(3) No waiver shall be accepted where it appears that the party is unable to make an intelligent and understanding choice because of mental condition, age, education, experience, the nature or complexity of the case, or other factors.

¶6As in D.C.W. v. State, 775 So.2d 363 (Fla. 2d DCA 2000), the record in the present case indicates that an abbreviated inquiry regarding waiver of counsel was made, but failed to satisfy the requirements of rule 8.165. Accordingly, we reverse.

¶7Reversed and remanded.

CASANUEVA, A.C.J., and STRINGER, J., concur.
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