B. M. V. v. State
| Decision Date | 29 September 1978 |
| Docket Number | No. 78-171,78-171 |
| Citation | 362 So.2d 483 |
| Parties | B. M. V., a child, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
John H. Keane, Public Defender and Leonard J. Cooperman, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellee.
Before HAVERFIELD, C. J., and HENDRY and HUBBART, JJ.
The appellant, a fifteen-year old boy, was charged in a petition for delinquency with burglary of an unoccupied dwelling. He was adjudicated delinquent and committed to the Division of Youth Services for an indeterminate period, not to exceed his twenty-first birthday.
The record shows that the juvenile was taken to the Monroe County Sheriffs Department, Key Vaca Substation. There, appellant signed his name to an instrument labeled "Interrogation; Advice of Rights." This instrument, the execution of which was witnessed by appellant's father and a police Lieutenant Roth, purported to waive appellant's constitutional rights to silence and an attorney. Subsequent to the execution of the waiver of rights, appellant was interrogated at the police station by officers of both the Monroe County Sheriffs Department and the Division of Youth Services. A transcript of the interrogation was made in which there does not appear any indication that appellant knowingly, voluntarily, and intelligently waived those rights which he purportedly waived by the execution of the "Advice of Rights" form. The youth was ordered detained in the Monroe County Regional Detention Center on December 8, 1977, pending an adjudicatory hearing in the case. The following day, on December 9, 1977, a petition alleging the delinquent acts of burglary and grand larceny was filed with the court.
Subsequently, appellant, through his attorney, demanded discovery from the state pursuant to Fla.R.Juv.P. 8.070. Upon learning of the existence of the statements, appellant filed a motion to suppress pursuant to Fla.R.Juv.P. 8.130(b)(3). A hearing was held on the motion immediately prior to the adjudicatory hearing on December 28, 1977. Upon hearing testimony and argument in the matter, the court denied the motion to suppress without stating its reasons therefor, nor issuing a written order of denial. The statements were admitted into evidence against appellant at the adjudicatory hearing. At the conclusion of the hearing, appellant was adjudicated delinquent as to each charge in the...
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State v. Cartwright, s. 83-614
...upon the trial court to make an independent inquiry into the voluntariness of the confession prior to such admission. B.M.V. v. State, 362 So.2d 483 (Fla. 3d DCA 1978). See M.A. v. State, 384 So.2d 740 (Fla. 2d DCA 1980) which discusses the advantages of a separate hearing on the issue of v......
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B. W. v. v. State
...concluded that no reversible error has been made to appear. Therefore the judgment appealed is affirmed. Affirmed. 1 B. W. V. v. State, 362 So.2d 483 (Fla. 3d DCA 1978). This case was incorrectly styled "B. M. V. v. State" by this ...