Harris v. State, 93-1241

Decision Date16 March 1994
Docket NumberNo. 93-1241,93-1241
Citation633 So.2d 562
Parties19 Fla. L. Weekly D604 Damon HARRIS, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

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.

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3 cases
  • Norris v. State
    • United States
    • Florida District Court of Appeals
    • September 8, 1995
    ...waiver of this right after being made aware of it and after the trial court makes the requisite written findings. Harris v. State, 633 So.2d 562, 563 (Fla. 4th DCA 1994). See also McCray v. State, 588 So.2d 298 (Fla. 2d DCA 1991) (trial court did not ask appellant whether she understood sen......
  • C.O. v. State, 97-0898
    • United States
    • Florida District Court of Appeals
    • March 11, 1998
    ...was rendered without consideration of a predisposition report. See State v. Berry, 647 So.2d 830, 832 (Fla.1994); Harris v. State, 633 So.2d 562, 563 (Fla. 4th DCA 1994). Moreover, there is an absence of specific findings. § 39.052(4)(e)1, Fla.Stat. (1995); J.M. v. State, 692 So.2d 308 (Fla......
  • Harris v. State, 94-1985
    • United States
    • Florida District Court of Appeals
    • September 20, 1995
    ...issue involving the waiver of the right to be sentenced as a juvenile under section 39.111, Florida Statutes (1989). Harris v. State, 633 So.2d 562 (Fla. 4th DCA 1994). Upon remand, the record reveals that the trial court resentenced Defendant to twenty years, exceeding the statutory maximu......

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