In Re Charles P.

People v. Charles P.

Good Law
134 Cal. App. 3d 768·184 Cal. Rptr. 707·1982 Cal. App. LEXIS 1811
Court of Appeal of CaliforniaAugust 5, 1982Crim. 40731California1,064 words

Opinion

Opinion

Feinerman, J.

Charles P., a minor, appeals from an adjudication of the juvenile court ordering him to remain a ward of the court, pursuant to section 602 of the Welfare and Institutions Code, terminating a prior order of home on probation and ordering him to be suitably placed. The trial court’s order was based upon a finding that the appellant had unlawfully taken and driven an automobile without the consent of the owner, his mother, in violation of Vehicle Code section 10851.

The appellant contends that the trial court committed reversible error by admitting into evidence his confession. Three reasons are advanced for this thesis: (1) that minors are not capable of waiving their constitutional rights without the guidance of an informed and interested adult; (2) that his Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]) waiver was invalid as a matter of law because he was not advised of his right to have his parents or an interested adult present during his interrogation; and (3) that under the “totality of circumstances” test his Miranda waiver was invalid.

We have examined the record and find no merit in the appellant’s…

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