R.M. v. State
R.M. v. State
Opinion of the Court
R.M. appeals an adjudication of delinquency and an order of commitment to the Department of Juvenile Justice for violations of the terms of his probation. We reverse because the record does not establish a proper waiver of the juvenile's right to counsel.
As background, R.M. was placed on a term of probation after the trial court withheld adjudication for the offenses of burglary of an unoccupied conveyance and petit theft. Thereafter, the State filed several *955affidavits of violation of probation alleging that R.M. violated his probation by repeatedly absconding from supervision. The case proceeded to a plea hearing where R.M. was unaccompanied by a parent, guardian, or an adult relative. At the hearing, R.M. informed the trial court that he wanted to waive his right to counsel and admit to the violations. After briefly inquiring into R.M.'s desire to waive his right to counsel and conducting a plea colloquy, the trial court accepted his waiver of counsel, found that he was "freely and voluntarily" admitting to the violations, and set a date for R.M.'s disposition hearing. R.M.'s written waiver of counsel and plea forms were submitted to the trial court at that hearing.
R.M. was unaccompanied by counsel at his subsequent disposition hearing. The trial court accepted the State's disposition recommendation, adjudicated him delinquent, and committed him to the Department of Juvenile Justice for placement in a nonsecure residential program. On appeal, R.M. argues that the trial court fundamentally erred by failing to make a proper inquiry into his waiver of counsel as required by Florida Rule of Juvenile Procedure 8.165.
Florida Rule of Juvenile Procedure 8.165(a) requires the court to "appoint counsel as provided by law unless waived by the child at each stage of the proceeding." Subsection (b)(2) explains that "[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." (Emphasis added.) Subsection (b)(3) further requires that "[t]he assigned attorney shall verify on the written waiver and on the record that the child's decision to waive counsel has been discussed with the child and appears to be knowing and voluntary." (Emphasis added.) In summary, to determine whether a juvenile is knowingly and intelligently waiving his right to counsel, the trial court must:
(1) inform the juvenile of the benefits he would relinquish and the danger and disadvantages of representing himself, (2) determine whether the juvenile's choice [to waive the assistance of counsel] was made voluntarily and intelligently, and (3) determine whether any unusual circumstances existed which would preclude the juvenile from exercising his right to represent himself.
C.K. v. State,
Our supreme court has explained that "[r]ule 8.165 is not merely procedural in nature, but contains guidelines to ensure that the substantive right to counsel is protected." State v. T.G.,
Here, the trial court attempted to comply with rule 8.165 by informing R.M. of selected ways in which an attorney could assist him at an adjudicatory hearing. For example, the trial court advised R.M. that an attorney could "advise him on whether or not [R.M.] should contest the charges," "help [R.M.] get [his] case ready for trial or for a hearing if [R.M.] wanted one," "get [R.M.'s] witnesses to court," and *956"advise [R.M.] on what direction [R.M.] should take in [his] case."
Critically, though, the "record is devoid of any discussion regarding whether [R.M.] had an opportunity, and whether that opportunity was meaningful, to confer with an attorney regarding his right to counsel, as required by rule 8.165(a)." L.D.S.J.,
Because R.M.'s waiver of counsel was invalid as a matter of law, his plea admitting to the violations of his probation entered without advice of counsel is also deemed involuntary as a matter of law. See C.K.,
*957As noted in J.M.B. v. State,
Reversed and remanded.
KHOUZAM and SALARIO, JJ., Concur.
Although the transcript indicates that an assistant public defender was present in the courtroom during R.M.'s plea hearing, there is no indication in the record that this was the attorney assigned by the court to assist R.M. It would contravene the plain and ordinary language of rule 8.165(b)(3) to assume that the mere presence of any attorney who happened to be in a courtroom when a trial court submitted a child's waiver of counsel form also"discussed with the child" his or her decision to waive counsel. And it would be absurd to extend that assumption to also include that this attorney found the child's waiver of counsel to be "knowing and voluntary." Fla. R. Juv. P. 8.165(b)(3) ; see also L.D.S.J.,
Because R.M.'s plea is invalid, we need not address R.M.'s remaining argument that the court committed fundamental error at his disposition hearing by failing to renew his offer of counsel.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.