Maxwell v. State, 5D04-4177.

Decision Date06 January 2006
Docket NumberNo. 5D04-4177.,5D04-4177.
PartiesJonathan MAXWELL, Appellant, v. STATE of Florida, Appellee.
CourtFlorida Supreme Court

James M. Campbell, Orlando, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee.

SAWAYA, J.

The issue we must resolve is whether the trial court erred in failing to suppress two incriminating statements made by Jonathan Maxwell to the police. Resolution of this issue depends upon the adequacy of the Miranda1 warnings given to Jonathan and whether he was in custody before he made the incriminating statements.

This case evolves from an occurrence that we see far too often, it seems, involving two teenage children who engage in sexual intercourse only to subsequently discover that one of them has committed a crime. The case we now review is especially tragic because both children are mentally challenged and did not know that their entanglement in the tender affairs of life was an illegal act for which Jonathan Maxwell, seventeen years of age, would be held criminally liable. The record reveals that when Jonathan was first confronted by the police, he did not even realize that he had done anything wrong and did not know why the police were questioning him. When Jonathan finally understood that the police were concerned about his sexual escapade with S.B., a female three years younger than he, Jonathan made two incriminating statements. After he was charged with lewd and lascivious battery on a person between the ages of 12 and 16, Jonathan filed a motion to suppress the statements claiming that he was not properly advised of his Miranda rights. This motion was denied and Jonathan entered a plea of nolo contendere to the charge aforementioned, reserving his right to appeal the suppression issue based on a stipulation by the State that it is dispositive.

It is not necessary to discuss in detail the facts of this case. Suffice it to say that Jonathan was enticed into watching sexually explicit videos and engaging in sexual intercourse by S.B., a neighbor. The incident was discovered by S.B.'s mother, who reported it to the police. Thereafter, Jonathan made two incriminating statements: the first was made outside his home, and the second, a videotaped statement, was made at the police station. Prior to making the first statement, a police officer attempted to advise Jonathan of his Miranda rights from rote. It is uncontested that the officer failed to advise Jonathan that he had a right to have an attorney present during questioning and that an attorney would be appointed to represent him if he could not afford one. The police never again advised Jonathan of his Miranda rights. Although the officer described Jonathan as callow and a naïf, he did declare that he thought Jonathan understood the warnings.

Before we begin our analysis of the issue before us, we pause to note the decision in Brown v. State, 376 So.2d 382 (Fla.1979), wherein the court held that a confession may not be considered dispositive for purposes of an appeal after a nolo contendere plea. The court reasoned that adoption of this rule is appropriate based on the perceived need to avoid a mini-trial regarding the sufficiency of the evidence, which is generally required to determine whether suppression of a confession is dispositive. The court further explained, however, that "[u]nder this rule, the trial judge will have wide discretion to accept or reject [a] nolo plea based upon his perception of the dispositive nature vel non of the legal issue reserved for appeal." Id. at 385. Based upon this statement and because a stipulation eliminates the need for a mini-trial, the courts have held that the rule in Brown does not apply if the defendant and state agree that suppression of the confession is dispositive.2 It is beyond doubt that Jonathan and the State stipulated that the statements are dispositive, and the State candidly conceded at oral argument that it could not argue otherwise. We, therefore, perceive of no jurisdictional impediment to addressing the issues raised in this appeal, and we begin with the issue whether the Miranda warnings given Jonathan were adequate.

The manifest purpose of the Miranda warnings is to prevent the inherent pressures of custodial interrogation from impinging on the accused's constitutional right to be free from self incrimination. See Everett v. State, 893 So.2d 1278 (Fla.2004), cert. denied, ___ U.S. ___, 125 S.Ct. 1865, 161 L.Ed.2d 747 (2005). The adequacy of Miranda warnings is a question of law that we review de novo. Roberts v. State, 874 So.2d 1225, 1227 (Fla. 4th DCA 2004) ("We review de novo the adequacy of Miranda warnings, as a question of law.") (citing C.A.M. v. State, 819 So.2d 802, 804 (Fla. 4th DCA 2001)), review denied sub nom. State v. West, 892 So.2d 1014 (Fla.2005). In order to comply with the dictates of Miranda, the accused must be advised before custodial interrogation commences that: (1) the accused has the right to remain silent, (2) that anything the accused says may be used in court, (3) that the accused has the right to have an attorney present during questioning, and (4) that an attorney will be appointed for the accused before questioning if he or she cannot afford one. Dickerson v. United States, 530 U.S. 428, 435, 120 S.Ct. 2326, 147 L.Ed.2d 405 (2000); Miranda v. Arizona, 384 U.S. 436, 479, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); Everett, 893 So.2d at 1284; Ramirez v. State, 739 So.2d 568, 573 (Fla.1999) ("Suspects must also be informed that they have a right to an attorney during questioning, and that if they cannot afford an attorney, one will be appointed for them without cost.") (citations omitted), cert. denied, 528 U.S. 1131, 120 S.Ct. 970, 145 L.Ed.2d 841 (2000); Traylor v. State, 596 So.2d 957 (Fla.1992); see also Chavez v. State, 832 So.2d 730 (Fla.2002), cert. denied, 539 U.S. 947, 123 S.Ct. 2617, 156 L.Ed.2d 637 (2003).3 The requirement to adequately warn an accused of these rights is more than a procedural nicety or legal technicality; the courts require full compliance in order for the warnings to be valid and any resulting confession to be admissible. Ramirez; Traylor.

The State argues that implicit in the warning to Jonathan that he "had a right to an attorney" is the warning that he had the right to have the attorney present during questioning and that one would be appointed in the event he could not afford to hire one. This argument is premised on the general principle that the Miranda warnings are not meant to be a formalistic recital from a card containing verbatim language extracted from the Miranda decision. We agree with this premise. Although we will not indulge semantical debates between the state and a defendant over the particular words used to advise the defendant of his or her rights, we will require that the Miranda warnings or their equivalent be provided with sufficient clarity so that a defendant has a reasonable opportunity to understand the rights inherent in the warnings and voluntarily act upon them. See Thompson v. State, 595 So.2d 16 (Fla.1992). "The inquiry is simply whether the warnings reasonably `conve[y] to [a suspect] his rights as required by Miranda.'" Duckworth v. Eagan, 492 U.S. 195, 203, 109 S.Ct. 2875, 106 L.Ed.2d 166 (1989) (quoting California v. Prysock, 453 U.S. 355, 361, 101 S.Ct. 2806, 69 L.Ed.2d 696 (1981)). Once the Miranda warnings are properly provided, the responsibility falls upon the state to establish that the defendant—whether educated or uneducated, literate or illiterate, intelligent or mentally challenged, adult or juvenile—knowingly and voluntarily waived the rights protected by the warnings when the incriminating statement was given to the police. Ramirez; J.G. v. State, 883 So.2d 915 (Fla. 1st DCA 2004).

Hence, the purpose of the Miranda warnings is not fulfilled when the defendant is left to magically divine from abstruse statements provided by the police what his or her rights are. We do not believe that even the most erudite or mature individual could reasonably discern with the level of understanding required by Miranda that the warning given to Jonathan—that he "had the right to an attorney"—encompasses the right to have an attorney present during questioning and the right to have one appointed in the event the individual could not afford to hire one. Failure to provide these warnings to Jonathan renders the statements he made inadmissible. Thompson, 595 So.2d at 18 (holding that failure to advise defendant that lawyer would be provided to him if he could not afford one rendered the incriminating statement inadmissible) (citing Caso v. State, 524 So.2d 422, 425 (Fla.), cert. denied, 488 U.S. 870, 109 S.Ct. 178, 102 L.Ed.2d 147 (1988)); Ripley v. State, 898 So.2d 1078 (Fla. 4th DCA 2005); West v. State, 876 So.2d 614 (Fla. 4th DCA 2004), review denied, 892 So.2d 1014 (2005); Franklin v. State, 876 So.2d 607 (Fla. 4th DCA 2004), cert. denied, 543 U.S. 1081, 125 S.Ct. 890, 160 L.Ed.2d 825 (2005).4

In order to avoid the misfortune caused by the inadequate Miranda warning and the attendant suppression of the incriminating statements, the State advances the argument that Miranda warnings were not necessary because Jonathan was not in custody at the time he spoke of his liaison with S.B. An incriminating statement is subject to the scrutinizing eye of Miranda only when the suspect is questioned while in custody; hence, noncustodial interrogation does not require advisement of the Miranda warnings. Stansbury v. California, 511 U.S. 318, 322, 114 S.Ct. 1526, 128 L.Ed.2d 293 (1994) ("An officer's obligation to administer Miranda warnings attaches ... `only where there has been such a restriction on a person's freedom as to render him "in custody."'") (quoting Oregon v. Mathiason, 429 U.S. 492, 495, 97 S.Ct. 711, 50 L.Ed.2d 714 (1977)); State v. Scott, ...

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4 cases
  • M.A.B. v. State
    • United States
    • Florida District Court of Appeals
    • 27 de abril de 2007
    ...cases, the Fifth District has ruled that general advice concerning the right to an attorney is insufficient. In Maxwell v. State, 917 So.2d 404, 407-08 (Fla. 5th DCA 2006), the court rejected the State's argument that advising the defendant that "he `had a right to an attorney'" implicitly ......
  • State v. Modeste
    • United States
    • Florida District Court of Appeals
    • 8 de agosto de 2008
    ...necessitated suppression of his statements. In support of his motion, Modeste cited to this court's decision in Maxwell v. State, 917 So.2d 404 (Fla. 5th DCA 2006). A different trial judge heard the second motion to suppress. No new evidence was presented at the hearing, although it is clea......
  • State v. Powell
    • United States
    • Florida Supreme Court
    • 29 de setembro de 2008
    ...before and during questioning. See Franklin, 876 So.2d at 608.8 The Fifth District also addressed a similar issue in Maxwell v. State, 917 So.2d 404 (Fla. 5th DCA 2006), and Octave v. State, 925 So.2d 1128 (Fla. 5th DCA 2006). In Maxwell, the police officer failed to advise the defendant th......
  • Octave v. State, 5D05-830.
    • United States
    • Florida District Court of Appeals
    • 13 de abril de 2006
    ...Octave of her right to have a lawyer present during questioning. Therefore, reversal is clearly required. See Maxwell v. State, 917 So.2d 404 (Fla. 5th DCA 2006). We would note that Maxwell was released well after the trial court's ruling in this case. In addition, no case directly on point......

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