Roberts v. State
| Decision Date | 03 October 1973 |
| Docket Number | No. 43608,43608 |
| Citation | 285 So.2d 385 |
| Court | Florida Supreme Court |
| Parties | Jesse O. ROBERTS, Petitioner, v. STATE of Florida, Respondent. |
Brian T. Hayes, Tallahassee, for petitioner.
Robert L. Shevin, Atty. Gen., and A. S. Johnston, Asst. Atty. Gen., for respondent.
This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, First District, reported at 274 So.2d 262 (1973). Our jurisdiction is based upon conflict between this case and In Re A.J.A., 248 So.2d 290 (Fla.App.1971). Fla.Const., Art. V, Section 3(b)(3) (1973) F.S.A.
Petitioner, a 16-year-old minor, was interrogated by police officials concerning a rape. After being given Miranda warnings the petitioner gave the police a statement that amounted to a confession of the crime. Following the recording of that statement, the defendant was taken before a juvenile court judge at which time he repudiated the statement and proclaimed his innocence.
Petitioner filed a motion to suppress the confession and that motion was ultimately granted based, in part, on the provisions of F.S. Section 39.03(3), F.S.A.
The District Court of Appeal, First District, reversed that determination after an extensive interpretation of the McNabb-Mallory rule, failing, however, to discuss the applicability of F.S. Section 39.03(3), F.S.A.
After a thorough review of the record in this cause, we have determined that the following language in F.S. Section 39.03(3), F.S.A., is controlling:
'The person taking and retaining a child in custody shall notify the parents or legal custodians of the child and the principal of the school in which said child is enrolled at the earliest practicable time, And shall, without delay for the purpose of investigation or any other purpose, deliver the child, by the most direct practicable route, to the court of the county or district where the child is taken into custody . . ..' (Emphasis supplied.)
This was the result reached in In Re A.J.A., supra, on facts which are similar to those presently under review. In view of the explicit mandatory language of F.S. Section 39.03(3), F.S.A., we feel we must adopt the rationale of the In Re A.J.A. holding as expressed at 248 So.2d 690, at 692. Cf. Oliver v. State, 250 So.2d 888 (Fla.1971); see generally In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967).
Accordingly, the decision of the District Court is quashed and the cause...
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Theriault v. State
...take juvenile "forthwith" before probation officer and then to follow officer's recommendation for disposition of child); Roberts v. State (Fla.1973), 285 So.2d 385 (statute required child to be taken before county court "without delay for the purpose of investigation or any other purpose")......
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Johnson v. State
...Oliver v. State, 250 So.2d 888, 889 (Fla.1971); (but see State v. Roberts, 274 So.2d 262, 264 (Fla.App.), rev'd on other grounds, 285 So.2d 385 (Fla.1973)); State v. Benbo, Mont., 570 P.2d 894, 900 (1977); Commonwealth v. Davenport, 471 Pa. 278, 370 A.2d 301, 306-307 (1977). See State v. Vo......
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State v. Ellsworth
...interrogated the juvenile before taking him to a magistrate. See, e.g., State v. Shaw, 93 Ariz. 40, 378 P.2d 487 (1963); Roberts v. State, 285 So.2d 385 (Fla.1973); M.K.H. v. State, 135 Ga.App. 565, 218 S.E.2d 284 (1975); People v. Wolff, 23 Mich.App. 550, 179 N.W.2d 206 (1970); State v. Wa......
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R. L. J., In Interest of
...Supreme Court approved the District Court's decision '(i)n view of the explicit mandatory language' of the statute. Roberts v. State, 285 So.2d 385, 386 (Fla.1973), quashing this Court's decision in State v. Roberts, 274 So.2d 262 (Fla.App.1st, 1973). But the 1973 Legislature revised § 39.0......