People in Interest of L. B., In re, 72--326
| Decision Date | 17 August 1973 |
| Docket Number | No. 72--326,72--326 |
| Citation | 513 P.2d 1069,33 Colo.App. 1 |
| Parties | The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of L. B., Child-Appellant, and concerning G. B. and N. B., Respondents. . II |
| Court | Colorado Court of Appeals |
Doyle T. Johns, Jr., Dist. Atty., David L. Roberts, Deputy Dist. Atty., Fort Morgan, for petitioner-appellee.
Rollie R. Rogers, State Public Defender, Roger A. Klein, William E. Shevlin, Deputy State Public Defenders, Sterling, for child-appellant.
This is an appeal by L.B., a child aged 13, from an order adjudicating him to be a juvenile delinquent. The judgment is based upon a finding by the court that the child on November 20, 1971, was guilty of acts which if committed by an adult, would constitute the crime of burglary as defined in 1965 Perm.Supp., C.R.S.1963, 40--3--5.
The evidence presented by the people consisted of the testimony of the arresting officer, and the child's confession. It is argued on the child's behalf that his confession was inadmissible and that without the confession there is a failure of proof of the essential elements of the offense. We agree with both arguments and reverse the judgment.
The circumstances under which the confession was made are these. The child was taken into temporary custody at approximately 6:15 P.M., and taken to the police station in Fort Morgan. It so happened that the child's father was at that time incarcerated in the city jail charged with disturbance, resisting arrest, and drunk in a public place. The child and the father were then taken to a room in the police station. In the presence of the father, the child was informed of his rights by the arresting officer who read the 'standard' advisement form to the child. Then both the child and his father signed a 'voluntary waiver of rights' form. The form was read and signed at about 7:00 P.M., less than one hour after the child was taken into custody. After being advised of his rights, the child confessed the crime.
The Colorado Children's Code, 1971 Perm.Supp., C.R.S.1963, 22--2--2(3)(c) provides:
'No statements or admissions of a child made as a result of interrogation of the child by a law enforcement official concerning acts which would constitute a crime if committed by an adult shall be admissible in evidence unless a parent, guardian, or legal custodian of the child was present at such interrogation, and the child and his parent, guardian, or legal custodian were advised...
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