State of Florida v. B.P.

Summary

The Supreme Court of Florida held that the denial of counsel to a juvenile at plea and disposition hearings constituted fundamental error. The court approved the Fifth District Court of Appeal's decision and remanded for a proper advisement of the right to counsel, an inquiry into any waiver, and the opportunity to enter a new plea if appropriate.

Holdings

1. A juvenile's claim that the trial court failed to advise him of his right to counsel and failed to obtain a waiver as required by Florida Rule of Juvenile Procedure 8.165 is reviewable and correctable on appeal even when the juvenile did not move to withdraw the plea.
2. Because denial of counsel was fundamental error, the case had to be remanded for the trial court to advise B.P. of his right to assistance of counsel, determine through a thorough inquiry whether any waiver was free and intelligent, and permit a new plea if appropriate.

Questions Presented

1. Whether a juvenile's claim that the trial court failed to advise him of his right to counsel and failed to obtain a valid waiver under Florida Rule of Juvenile Procedure 8.165 is reviewable on appeal without a motion to withdraw the plea.
2. Whether the denial of counsel at the juvenile plea and disposition proceedings constituted fundamental error requiring remand.

Disposition

remanded