M.A.B. v. State

I concur fully in Judge Wallace’s dissenting opinion. I write separately to voice my concern that even if the police had informed M.A.B. of his right to counsel during interrogation, the trial court lacked an adequate basis to conclude that M.A.B., a fifteen-year-old, voluntarily, knowingly, and intelligently waived his Miranda rights.

The State bears a heavy burden to demonstrate that a defendant waived his privilege against self-incrimination and the right to counsel. Ramirez v. State, 739 So.2d 568, 575 (Fla.1999). As we have stated, “[t]his burden is even heavier when the suspect is a…