State v. BP, 810 So. 2d 918 (Fla. 2002). · Go Syfert
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State v. BP, 810 So. 2d 918 (Fla. 2002). Cases Citing This Book View Copy Cite
“the denial of brady's right to counsel is fundamental error requiring reversal.”
13 citation events (13 in the last 25 years) across 2 distinct courts.
Strongest positive: Jackson v. State (fla, 2008-05-29)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (quoted) Jackson v. State (2×) also: Cited "see"
Fla. · 2008 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
the denial of brady's right to counsel is fundamental error requiring reversal.
discussed Cited as authority (rule) A.S. v. State
Fla. Dist. Ct. App. · 2011 · confidence medium
See State v. T.G., 800 So.2d 204 , 213 (Fla.2001); G.T. v. State, 948 So.2d 900, 902 (Fla. 2d DCA 2007); C.K, 909 So.2d at 604 ; J.M.B. v. State, 800 So.2d 317, 318-19 (Fla. 2d DCA 2001). “[E]ven absent a motion to withdraw a plea, failure to advise a juvenile of [her] right to counsel in accordance with the rule is renewable and correctable on appeal.” State v. B.P., 810 So.2d 918, 919 (Fla.2002). “[I]f the waiver of counsel is invalid as a matter of law, it follows that the guilty plea entered without advice of counsel should also be deemed involuntary as a matter of law.” T.G., 800 …
discussed Cited as authority (rule) As v. State
Fla. Dist. Ct. App. · 2011 · confidence medium
See State v. T.G., 800 So.2d 204 , 213 (Fla.2001); G.T. v. State, 948 So.2d 900, 902 (Fla. 2d DCA 2007); C.K., 909 So.2d at 604 ; J.M.B. v. State, 800 So.2d 317, 318-19 (Fla. 2d DCA 2001). "[E]ven absent a motion to withdraw a plea, failure to advise a juvenile of [her] right to counsel in accordance with the rule is reviewable and correctable on appeal." State v. B.P., 810 So.2d 918, 919 (Fla.2002). "[I]f the waiver of counsel is invalid as a matter of law, it follows that the guilty plea entered without advice of counsel should also be deemed involuntary as a matter of law." T.G., 800 So.2d …
discussed Cited "see" Curtis v. State
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See State v. B.P., 810 So.2d 918, 919 (Fla.2002) (“[E]ven absent a motion to withdraw a plea, failure to advise ... of [the] right to counsel ... is reviewable and correctable on appeal.”); Clary v. State, 818 So.2d 686, 688 (Fla. 5th DCA 2002) (concluding that even if the accused waives counsel on the record, the trial court must make the inquiries required by Faretta and rule 3.111(d) in order to ensure that such waiver is knowingly and intelligently made, otherwise “[the] plea ... is fatally flawed”).
cited Cited "see" MQ v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See State v. B.P., 810 So.2d 918 (Fla.2002); V.S.J. v. State, 793 So.2d 104 (Fla. 2d DCA 2001).
cited Cited "see" M.Q. v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See State v. B.P., 810 So.2d 918 (Fla.2002); V.S.J. v. State, 793 So.2d 104 (Fla. 2d DCA 2001).
discussed Cited "see, e.g." Amendments to the Florida Rules of Juvenile Procedure
Fla. · 2005 · signal: see, e.g. · confidence low
See, e.g., State v. B.P., 810 So.2d 918 (Fla.2002) (approving district court’s decision holding that even absent a motion to withdraw a plea, failure to advise a juvenile of right to counsel in accordance with rule 8.165 is reviewable and correctable on appeal and finding that the denial of counsel constituted fundamental error); F.K.H. v. State, 841 So.2d 645 (Fla. 2d DCA 2003) (reversing and remanding a determination of delinquency and placement of juvenile on probation where trial court failed to inquire into juvenile’s waiver of counsel at the plea hearing and failed to renew an offer …
Retrieving the full opinion text from the archive…
STATE of Florida, Petitioner,
v.
B.P., a child, Respondent.
SC00-1258.
Supreme Court of Florida.
Feb 14, 2002.
810 So. 2d 918
Quince.
Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 67%
Citer courts: Supreme Court of Florida (1)

Robert A. Butterworth, Attorney General, and David H. Foxman and Kellie A. Nielan, Assistant Attorneys General, Daytona Beach, FL, for Petitioner.

James B. Gibson, Public Defender, and Jane C. Almy Loewinger, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Respondent.

QUINCE, J.

We have for review B.P. v. State, 759 So.2d 741 (Fla. 5th DCA 2000), which cited to the decision in T.G. v. State, 741 So.2d 517 (Fla. 5th DCA 1999), a case that was accepted for review by this Court. See State v. T.G., 751 So.2d 1254 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons expressed below, we approve the decision of the Fifth District Court of Appeal and remand this case to the trial court for further proceedings consistent with this opinion.

B.P., a juvenile, pled guilty to one count of grand theft and one count of resisting an officer without violence. Thereafter, the trial court entered an adjudication of delinquency and committed B.P. to a Level 8 program. At the plea hearing, B.P. appeared with his probation officer and was shown a video that explained his right to counsel. Although a public defender was consulted during the course of the hearing, nothing in the record indicates that the public defender was appointed to represent B.P. B.P. was also without representation at the disposition hearing.

B.P. appealed to the Fifth District, claiming that the trial court committed reversible error when it failed to offer him counsel at the time of either his plea or disposition hearing and failed to obtain a waiver of counsel as required by Florida Rule of Juvenile Procedure 8.165. The State argued that B.P. was required to file a motion to withdraw his plea in order to[*919] preserve the issue. The Fifth District, relying on its decision in T.G. v. State, 741 So.2d 517 (Fla. 5th DCA 1999), held that even absent a motion to withdraw a plea, failure to advise a juvenile of his right to counsel in accordance with the rule is reviewable and correctable on appeal. 741 So.2d at 518-19.

For the reasons expressed in our recent decision in State v. T.G., 800 So.2d 204 (Fla.2001), we approve the decision in this case because the denial of counsel constituted fundamental error. Thus, we remand this case to the trial court so that it can properly advise B.P. of his right to assistance of counsel, ensure by a thorough inquiry that any waiver is free and intelligent, and allow B.P. to enter a new plea if appropriate.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, and LEWIS, JJ., concur.