74 S.W.3d 408 | Tex. Crim. App. | 2002
OPINION
The opinion of the Court was delivered
Appellee was charged with capital murder. The trial court granted Appellee’s pre-trial motion to suppress the written statement he gave' to police after his arrest. The trial court held that the statement was illegally obtained because of the failure of law enforcement officers to promptly notify Appellee’s parent of his detention in violation of Texas Family Code, § 52.02(b). The State appealed the trial court’s order suppressing the statement. Article 44.01(a)(5), V.A.C.C.P. The Court of Appeals upheld the trial court’s order suppressing the statement based on a violation of § 52.02(b). State v. Simpson, 51 S.W.3d 633 (Tex.App.-Tyler 2000).
The State has filed a petition for discretionary review contending the Court of Appeals erred to conclude that any statement given by the juvenile must be suppressed because of the failure to notify the juvenile’s parent, guardian, or custodian that the juvenile had been taken into custody. The State also argues that no causal connection exists between the failure to notify and any statement subsequently made by the juvenile.
Recently, in Gonzales v. State, 67 S.W.3d 910 (Tex.Crim.App.2002), we ad