B. M., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed the juvenile's adjudication of delinquency after the trial judge explicitly found the confession voluntary following remand for reconsideration of Miranda compliance and voluntariness.
A juvenile's confession is voluntary where the juvenile received Miranda warnings, intelligently and voluntarily waived rights, and no evidence shows undue pressure or vitiation of voluntariness despite delay in transportation.
[1] A delay in transporting a juvenile from police custody to a detention facility does not vitiate the voluntariness of a confession where Miranda warnings were given, right…
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Join FLexlaw to unlock all legal intelligence“the confession of the juvenile was clearly voluntary. Prior to giving the confession the juvenile was fully advised of his constitutional rights in accordance with the Miranda decision, he intelligently and voluntarily waived those rights”
Trial judge's explicit finding of voluntariness after remand
A juvenile was taken into custody and gave a confession after being advised of constitutional rights. There was a delay in transporting the juvenile f…
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PER CURIAM.
In our opinion in this case, reported as B. M. v. State, 337 So. 2d 423 (Fla. 3rd DCA 1976), we relinquished jurisdiction and remanded the cause to the trial judge to consider and then rule explicitly on the voluntariness of the juvenile’s confession. Pursuant thereto, the trial judge rendered the following finding of voluntariness of the confession:
“There is no need for this Court to hear any additional testimony. Based upon the testimony heretofore heard by this Court and the oral argument of counsel for the respective parties, this Court specifically finds that the confession of the juvenile was clearly voluntary. Prior to giving the confession the juvenile was fully advised of his constitutional rights in accordance with the Miranda decision, he intelligently and voluntarily waived those rights and confessed. There is nothing in the record to indicate that the juvenile was under any undue pressure when he gave his voluntary confession.
“The delay in transporting the juvenile from the Public Safety Department homicide office to Youth Hall was unfortunate and unnecessary, however, this Court has heard no evidence which would justify a finding that the delay in transportation in any way vitiated the voluntariness of the juvenile’s confession.”
Based on the foregoing, we are of the opinion that the adjudication of delinquency must be affirmed.
Affirmed.
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In the Interest of W. J. N., 350 So. 2d 119 (Fla. 4th DCA 1977)…fession. Subsequently the trial court found that the confession was voluntary and that the delay in transportation did not vitiate the voluntariness of the confession. The Third District then affirmed the adjudication of delinquency. B. M. v. State, 341 So. 2d 801 (Fla. 3d DCA 1977). Section 39.03(3) has also been considered in the recent case of In Interest of R. L. J., 336 So. 2d 132, 137 (Fla. 1st DCA 1976). The First District, after noting the legislative change, concluded that the legislature thus remov…
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T. L. L. a juvenile v. State, 394 So. 2d 561 (Fla. 3d DCA 1981)…PER CURIAM. Affirmed. B. M. v. State, 341 So. 2d 801 (Fla. 3d DCA), cert. denied 351 So. 2d 405 (Fla.1977); T. B. v. State, 306 So. 2d 183 (Fla. 2d DCA 1975); Arnold v. State, 265 So. 2d 64 (Fla. 3d DCA 1972), cert. denied 272 So. 2d 817 (Fla.1973).…
Authorities Cited
- B. M. v. State, 337 So. 2d 423 (Fla. 3d DCA 1976)