CopyCited 3 times | Published | Supreme Court of Florida
...The circuit court entered its order summarily denying the petition on August 10, 1978. Respondent subsequently filed a timely appeal in the Third District Court of Appeal alleging, inter alia, that his conviction was invalid because the record did not establish that notice, pursuant to section 932.38 (present section 925.07), Florida Statutes (1969), was sent to the parents or guardian of the respondent....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...forth in Knight v. State,
394 So.2d 997 (Fla. 1981), to have necessitated an evidentiary hearing before the trial court. Morris next asserts that his conviction should be vacated because his parents did not receive notice prior to trial pursuant to Section
925.07, Florida Statutes (1973)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee. MANN, Chief Judge. McIntosh was convicted in November and became twenty-one the following May. In October, the State had attempted service of the notice required by Fla. Stat. § 925.07 (1971), F.S.A., on his parents, but without success....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8586
sent the notice required by the provisions of § 925.-07 F.S. to James E. Thomas, 123 North Linville, Westland
CopyPublished | Florida 4th District Court of Appeal
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 6360
...sentence, without considering the files and records in the case. Although his motion was ineptly drawn, appellant substantially alleged, among other things, that proper notice was not given to his parents pursuant to F.S. § 932.38 F.S.A., now F.S. § 925.07 F.S.A., and they failed to attend the criminal proceedings and assist their 18-year-old son as required by the statute....
...The denial of the motion without a hearing, based upon the insufficiency of the motion, does not preclude the filing of a second motion clearly showing that appellant was an unmarried minor at the time of entering his plea and that the provisions of F.S. § 925.07 F.S.A....
CopyPublished | Florida 1st District Court of Appeal | 1974 Fla. App. LEXIS 7099
have fulfilled the duty set forth in Fla.Stat. §
925.07, F.S.A. as well as to the legality of the sentence
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6965
PER CURIAM. This is an appeal by the state from an order granting a new trial based on § 932.-38, Fla.Stat.1969 (now §
925.07, Fla.Stat., F.S.A.) See §
924.07, Fla.Stat.1969 (now §
924.07, Fla.Stat., F.S.A....
CopyPublished | Florida 3rd District Court of Appeal | 1975 Fla. App. LEXIS 14403
offense he was a minor and that Florida Statute §
925.07 requiring the parent or guardian of a minor to
CopyPublished | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 18804
...3 To obtain further review, any aggrieved party must appeal the new ruling of the trial court. The trial judge was correct in denying the appellant’s motion as to the third point raised. AFFIRMED IN PART, REVERSED IN PART. HOBSON, A.C.J., and GRIMES and SCHOONOVER, JJ., concur. . See § 39.02(5), Fla.Stat. (1977). . See § 925.07, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal
...freely, voluntarily, and, most important of all, knowingly made. Indeed, the defendant does not here really contend otherwise. His primary contention rests upon the fact that he was a minor and that the certified mail notices provided by Fla. Stat. § 925.07 F.S.A....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15040
...He did not appear.” In February, 1977, appellant, who has completed the above sentence and who is now incarcerated for other offenses, filed the Rule 3.850 motion seeking to have the 1964 judgment and sentence vacated, alleging that the court did not comply with provisions of § 932.38, Fla.Stat. (now § 925.07), concerning notification of parents or guardian when a minor is charged with an offense....
...Since the record stated differently, impliedly appellant was asserting that the record was incorrect. In a pro se brief, appellant urges as grounds for reversal that the record did not contain tangible proof, such as a return receipt, that his parent or guardian received notice of the 1964 proceeding, in accordance with § 925.07, Fla.Stat....
...sentenced. He then filed a 3.850 motion to vacate that second judgment and sentence, alleging that his parents were not notified of the second arraignment, plea, judgment, and sentence. The court found that the purpose of § 932.-38, Fla.Stat. (now § 925.07, Fla.Stat.), is to “furnish a safeguard to unmarried minors accused of crime in order that such minor’s parents may have the opportunity to come to the assistance of the accused minor.” The court in Falagon held that after notice is p...
...The court found the beneficial purpose of the statute had been satisfied since the parents had been notified of the charges and had had ample opportunity to exercise the safeguards the statute encourages. Likewise, in the instant case, we find that the beneficial purpose of § 925.07 was satisfied since the record shows appellant’s uncle, Willie Hamilton, possessed actual notice of the charges against appellant....
CopyPublished | Florida 2nd District Court of Appeal | 1977 Fla. App. LEXIS 14985
substance of this statute has been retained in Section
925.07, Florida Statutes (1975). Our courts have consistently
CopyPublished | Florida 1st District Court of Appeal | 1979 Fla. App. LEXIS 15971
commenced on February 24, 1978.1 Pursuant to Section
925.07(1), Florida Statutes (1977),2 the state attorney’s
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6117
...r defendant without notifying his parents pursuant to F.S. 932.38 [F. S.A.].” The record before this court is totally insufficient to permit a review by this court of the asserted noncompliance with F.S. 1969, section 932.38, F.S.A. (now F.S.1970, section 925.07, F.S.A.)....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6258
the record fails to show compliance with F.S.A. §
925.07, concerning notification to a parent or guardian
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15374
...for post-conviction relief. This contention is clearly without merit. E. g., Mitchell v. State (Fla.App.2d 1975),
309 So.2d 558 . . Cf. Collins v. Wainwright (Fla.1962),
146 So.2d 97 . Also see Warren v. State (Fla.App. 1st, 1972),
266 So.2d 114 . . Section
925.07 requires notice to “any friend or relative designated by the minor” if parents are unknown....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7753
...We have very painstakingly scrutinized the record and briefs of the respective parties; oral argument was waived. At the outset we state that there is absolutely no evidence in the record that the parents of appellant, David Leigh King, were notified of the offense with which their son was charged as provided in Section 925.07, Florida Statutes, F.S.A., (formerly Section 932.38, Florida Statutes)....
CopyPublished | Florida 4th District Court of Appeal | 1973 Fla. App. LEXIS 6971
State’s alleged non-compliance with, F.S., Section
925.07, F.S.A. Subsequently, appellant filed in the
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15081
...It is from this order that the state appeals. The question submitted for our determination on this appeal is whether the trial court erred in dismissing the information on the grounds that the state failed to give the defendant’s parents notice of the robbery charge against the defendant. Section 925.07, Florida Statutes 1973, entitled “Parent or guardian to be notified before trial of minor; service of notice; ” provides: “(1) When an unmarried minor is charged with an offense before any court in this state, including municipal...
...In the instant case, the defendant was an unmarried minor at the time he was charged with robbery. The defendant, however, reached majority prior to June 13, 1974, the date scheduled for his retrial on the robbery charge. Under these circumstances the state was not required to comply with Section 925.07 and give the defendant’s parents notice of the robbery charge against the defendant....
