No. 72-1506 | Fla. Dist. Ct. App. | Jun 5, 1973
The minor appellant was found by the trial court to be a delinquent child. The finding was based entirely upon a confession given to police after the minor was taken into custody and interrogated, and upon evidence discovered as a result of the confession. The State failed to prove that the minor was warned of his constitutional rights. See Miranda v. Arizona, 384 U.S. 436" date_filed="1966-06-13" court="SCOTUS" case_name="Miranda v. Arizona">384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The law applicable to a criminal proceeding has been declared to be applicable to juvenile proceedings where loss of liberty may result from the adjudication. See In re D., Fla.App.1971, 245 So. 2d 273" date_filed="1971-01-27" court="Fla. Dist. Ct. App." case_name="In Re VD">245 So.2d 273.
The State has confessed error in this regard. Our independent examination of the record confirms the error and the fact that there is insufficient evidence to-support the finding of delinquency absent the tainted evidence. We therefore reverse and direct the discharge of the appellant.
Reversed.