Harris v. State, 633 So. 2d 562

Richard L. Jorandby, Public Defender, and David J. McPherrin, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.

FARMER, Judge.

Defendant pled no contest to attempted premeditated murder and sexual battery. Although he had reached the age of majority by the time of sentencing, he was but seventeen at the time of the offenses. At sentencing, his defense attorney purported to waive the defendant‘s right to be sentenced as a juvenile under section 39.111, Florida Statutes (1989). On the authority of Sirmons v. State, 620 So. 2d 1249 (Fla. 1993), we hold this waiver ineffective; only the defendant himself can make a knowing and intelligent waiver of this right after being made aware of it and after the trial court makes the requisite written findings. Accordingly, we reverse and remand for resentencing.

GLICKSTEIN and PARIENTE, JJ., concur.

Case Details

Case Name: Harris v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 16, 1994

Citations: 633 So. 2d 562; 1994 WL 81800; 93-1241

Docket Number: 93-1241

Court Abbreviation: Fla. Dist. Ct. App.