basis of fundamental error in Florida

2009See G.T. v. State, 948 So.2d 900, 902 (Fla. 2d DCA 2007) (reversing on the basis of fundamental error where "although the trial court informed [juvenile] of his right to counsel, it failed to make a thorough inquiry into [juvenile's] comprehension of the offer of counsel as required by rule 8.165(b)(2)"); C.K. v. State, 909 So.2d 602, 604 (Fla. 2d DCA 2005) (determining that *1252 the trial court committed fundamental error by, among other things, failing to "have [juvenile's] mother verify on the written waiver that [juvenile's] decision was discussed and appeared to be knowing and voluntary"

2009See G.T. v. State, 948 So.2d 900, 902 (Fla. 2d DCA 2007) (reversing on the basis of fundamental error where “although the trial court informed [juvenile] of his right to counsel, it failed to make a thorough inquiry into [juvenile’s] comprehension of the offer of counsel as required by rule 8.165(b)(2)”); C.K. v. State, 909 So.2d 602, 604 (Fla. 2d DCA 2005) (determining that the trial court committed fundamental error by, among other things, failing to “have [juvenile’s] mother verify on the written waiver that [juvenile’s] decision was discussed and appeared to be knowing and voluntary” as re

2009See G.T. v. State, 948 So.2d 900, 902 (Fla. 2d DCA 2007) (reversing on the basis of fundamental error where "although the trial court informed [juvenile] of his right to counsel, it failed to make a thorough inquiry into [juvenile's] comprehension of the offer of counsel as required by rule 8.165(b)(2)"); C.K. v. State, 909 So.2d 602, 604 (Fla. 2d DCA 2005) (determining that *1252 the trial court committed fundamental error by, among other things, failing to "have [juvenile's] mother verify on the written waiver that [juvenile's] decision was discussed and appeared to be knowing and voluntary"

2009See G.T. v. State, 948 So.2d 900, 902 (Fla. 2d DCA 2007) (reversing on the basis of fundamental error where “although the trial court informed [juvenile] of his right to counsel, it failed to make a thorough inquiry into [juvenile’s] comprehension of the offer of counsel as required by rule 8.165(b)(2)”); C.K. v. State, 909 So.2d 602, 604 (Fla. 2d DCA 2005) (determining that the trial court committed fundamental error by, among other things, failing to “have [juvenile’s] mother verify on the written waiver that [juvenile’s] decision was discussed and appeared to be knowing and voluntary” as re

2024To find fundamental error in such a scenario would only encourage “hip pocket appeals.” See DeFreitas v. State, 701 So. 2d 593, 603 (Fla. 4th DCA 1997) (Gunther, J., concurring in result only): To allow broad direct review of a criminal trial on the basis of fundamental error supplies no motivation whatsoever to a defense attorney to object when various errors occur throughout a trial.

2009To warrant reversal on the basis of fundamental error, “the error must reach down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error.” Walls v. State, 926 So.2d 1156, 1176 (Fla.2006) (emphasis supplied) (quoting Brown v. State, 124 So.2d 481, 484 (Fla.1960)).

2009To warrant reversal on the basis of fundamental error, "the error must reach down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error. " Walls v. State, 926 So.2d 1156, 1176 (Fla.2006) (emphasis supplied) (quoting Brown v. State, 124 So.2d 481, 484 (Fla.1960)).

2009To warrant reversal on the basis of fundamental error, “the error must reach down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error.” Walls v. State, 926 So.2d 1156, 1176 (Fla.2006) (emphasis supplied) (quoting Brown v. State, 124 So.2d 481, 484 (Fla.1960)).

2009To warrant reversal on the basis of fundamental error, "the error must reach down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error. " Walls v. State, 926 So.2d 1156, 1176 (Fla.2006) (emphasis supplied) (quoting Brown v. State, 124 So.2d 481, 484 (Fla.1960)).

2008"Fundamental error occurs where the error is so extreme that it could not be corrected by an instruction if an objection had been lodged, and that it so damaged the fairness of the trial that the public's interest in our system of justice justifies a new trial." Grau v. Branham, 761 So.2d 375, 378 (Fla. 4th DCA 2000).