Legal Opinion · Dissent

Jones v. State

District Court of Appeal of Florida

Decided October 9, 1991No. 91-0614Published

1DissentWarner, Judge

I would reverse based on State v. Rhoden, 448 So.2d 1013 (Fla.1984); Lang v. State, 566 So.2d 1354 (Fla. 5th DCA 1990); Taylor v. State, 534 So.2d 1181 (Fla. 4th DCA 1988) and Dixon v. State, 451 So.2d 485 (Fla.3d DCA 1984). Rhoden states that compliance with section 39.111(7), Florida Statutes (1989) is mandatory unless there is “an intelligent and knowing waiver of that right by a juvenile.” Id. at 1017. Thus, I conclude that a sentence imposed without such compliance is illegal and subject to correction under Florida Rule of Criminal Procedure 3.800(a). I can find no knowing and…

2Cases cited6 opinions

  1. State v. RhodenSupreme Court of Florida · 1984
  2. Davis v. StateDistrict Court of Appeal of Florida · 1988
  3. Rathbone v. StateDistrict Court of Appeal of Florida · 1984
  4. Dixon v. StateDistrict Court of Appeal of Florida · 1984
  5. Taylor v. StateDistrict Court of Appeal of Florida · 1988

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