M.H., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the juvenile's statement was admissible because the issue of the Miranda warning's deficiency and the statement's involuntariness were not preserved for review due to a lack of timely objection.
A juvenile, M.H., was adjudicated delinquent based on a statement given to an arresting officer. M.H. appealed, arguing the statement was erroneously …
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PER CURIAM.
M.H. appeals his adjudication of delinquency on the ground that the juvenile court erroneously admitted a statement he gave to the arresting officer. We affirm.
Appellant correctly contends that the Miranda warning given below was fatally deficient for failure to advise him that an attorney would be appointed if he could not afford one. Caso v. State, 524 So. 2d 422, 423 (Fla.), cert. denied, — U.S. -, 109 S.Ct. 178, 102 L.Ed.2d 147 (1988). As no timely objection was made below, the point is not preserved for our review. Thomas v. State, 249 So. 2d 510, 512 (Fla. 3d DCA 1971). For the same reason the contention that the juvenile’s statement was involuntary was not preserved. Blatch v. State, 216 So. 2d 261, 264 (Fla. 3d DCA 1968), cert, dismissed, 225 So. 2d 532 (Fla.1969).1 Finally, having reviewed the record we are satisfied that admission of the statement, even if it had been erroneous, would at best be harmless error. See Crane v. Kentucky, 476 U.S. 683, 691, 106 S.Ct. 2142, 2147, 90 L.Ed.2d 636, 646 (1986); Caso v. State, 524 So. 2d at 425, 426; Blatch v. State, 216 So. 2d at 264.
The adjudication of delinquency is affirmed.
. As to the latter point, the juvenile testified at trial, as did the arresting officers. Even where a confession has been found to be voluntary, "evidence about the manner in which a confession was secured will often be germane to its probative weight, a matter that is exclusively for the [trier of fact] to assess." Crane v. Kentucky, 476 U.S. 683, 688, 106 S.Ct. 2142, 2145, 90 L.Ed.2d 636, 644 (1986).
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Stanley v. State, 538 So. 2d 1390 (Fla. 3d DCA 1989)…PER CURIAM. None of the grounds asserted by the defendant for reversal of his conviction present either error or harm. See M.H. v. State, 538 So. 2d 1389 (Fla. 3d DCA 1989). We remand the cause, however, to the trial court for the purposes (a) of correcting the judgment so as accurately to reflect the offense of which the appellant was found guilty and (b) of making the required written findings in s…
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Harris v. State, 564 So. 2d 1211 (Fla. 3d DCA 1990)…ation of the interview in his closing argument. This argument fails because the information in the officer’s testimony had already been presented without objection. In addition, Anthony Harris failed to object to the closing argument. M.H. v. State, 538 So. 2d 1389 (Fla. 3d DCA 1989); Thomas v. State, 249 So. 2d 510 (Fla. 3d DCA 1971); see also Vergara v. State, 486 So. 2d 14 (Fla. 3d DCA 1986). Thus, any error was harmless. State v. DiGuilio, 491 So. 2d 1129 (Fla.1986). Finally, Anthony Harris failed to obje…
Authorities Cited
- Crane v. Kentucky, 476 U.S. 683 (U.S. 1986)
- Rigoberto Caso v. State, 524 So. 2d 422 (Fla. 1988)
- Blatch v. State, 216 So. 2d 261 (Fla. 3d DCA 1968)
- Thomas v. State, 249 So. 2d 510 (Fla. 3d DCA 1971)
- Sawyer v. Dawson, 225 So. 2d 532 (Fla. 1969)