B.M.B. v. State

ALTENBERND, Judge.

B.M.B. appeals her adjudication for poisoning food or water with intent to kill or injure, a violation of section 859.01, Florida Statutes (2004). We conclude that the trial court erred in concluding that B.M.B. knowingly and voluntarily waived her Miranda1 rights. Accordingly, the trial court erred in denying the motion to suppress her confession. We reverse and remand for a new trial.

On April 15, 2005, at the beginning of her sixth-period class, the music teacher at Franklin Middle School smelled a strange, chemical odor emanating from her lemonade. She took a single sip…