Miller v. State

PARIENTE, BARBARA J., Associate Judge,

concurring specially.

The state defends the jurisdictional issue only on the basis of waiver.2 I am uncertain that section 39.022, Florida Statutes (1995), cited by the majority, applies here, where defendant was never presumed to be an adult. However, I concur with the majority that a reading of State v. Griffith, 675 So.2d 911 (Fla.1996), and State v. King, 426 So.2d 12 (Fla.1982), in conjunction with section 39.022, compels the conclusion that no waiver occurred because here, unlike in Griffith and King, the objection was made in the trial court. As…