People v. Darren W.

Darren W., a minor, appeals from the order continuing him as a ward of the juvenile court (Welf. & Inst. Code, § 602) and committing him to the California Youth Authority after he was found to have committed a robbery (Pen. Code, § 211) and an aggravated assault (Pen. Code, § 245, subd. (a)) during which he used a firearm *971 within the meaning of Penal Code section 12022.5. He contends: “I. Appellant was detained in a jail facility and held in custody for more than nine hours in violation of [sections 207 and 626 of] the Welfare and Institutions Code; his confession was therefore erroneously admitted into evidence. II. When judged by the totality of the circumstances, appellant’s Miranda waiver was invalid as it was not knowing and intelligent; the confession thus obtained was erroneously admitted in violation of the privilege against self-incrimination and the right to counsel.”

Uncontroverted evidence established that sometime after appellant’s arrest during the early morning hours of September 12, 1979, he was placed in “lock-up” at the Lennox Sheriff’s Station. 1 Between 10 and 10:30 that same morning, Deputy Ronald Hayden advised appellant of his constitutional…