C.A.K. v. State

In addition to the withhold of adjudication on the charge of burglary involved in this appeal, the trial court adjudicated C.A.K. delinquent on two charges of retail theft. Thus, our decision today does not alter the adjudication of delinquency. I write separately to make two observations.

First, the defense attorney’s statements in the quoted portion of the transcript are almost sufficient to constitute a consent to the mistrial as described in Adkins v. Smith, 197 So.2d 865 (Fla. 4th DCA 1967), cert, discharged, 205 So.2d 530 (Fla.1967). If the trial judge had asked the defense attorney…