People v. T.F. (In re T.F.)

*205 In this appeal, we review the prosecution of an adolescent for committing a lewd act when he was 13 years old. T.F., who was a minor at all times relevant to the case, appeals from the juvenile court's jurisdiction and disposition orders issued in a wardship proceeding under Welfare and Institutions Code section 602. Prior to and again at the jurisdictional hearing, defense counsel moved to exclude inculpatory statements *206 appellant made to the police on the ground the appellant did not waive his rights under Miranda v. Arizona (1966) 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 ( Miranda ). After a three-day hearing, the court suppressed the pre- Miranda statements T.F. made when questioned at his school, but admitted the post- Miranda statements he made at the police station. The court sustained the petition, finding true the allegation that T.F. had engaged in lewd and lascivious conduct in violation of Penal Code section 288, subdivision (a) by touching E.C.'s vagina when she was three years old. T.F., who was then 16 years old, was declared a ward of the court and placed on probation in his mother's home.

T.F. claims his statements were made in violation of his…