No. 164 March Term, 1979.
Larry A. Kalikow, Assistant Public Defender, Harrisburg, for appellant.
Edward H. Jordan, Assistant District Attorney, Harrisburg, for Commonwealth, appellee.
Price, Watkins and Hoffman, JJ. Hoffman, J., files a concurring statement. Price, J., concurs in the result.
[ 279 Pa. Super. Page 582]
This is an appeal from the judgment of sentence of the Court of Common Pleas of Dauphin County, Criminal Division,
[ 279 Pa. Super. Page 583]
by the defendant-appellant, Anthony Ray Reaves, claiming that his Miranda rights were violated at the time he gave incriminating statements to police concerning his participation in a burglary of a cleaners establishment in Steelton, Pa. which burglary occurred on or about December 19, 1978. On August 22, 1979, defendant was sentenced to pay a fine of $50.00, pay the costs of prosecution, and to undergo imprisonment in the Dauphin County Prison for six (6) to twenty-three (23) months.
On March 2, 1979 a juvenile petition was filed against the defendant alleging that on December 19, 1978 he committed the offense of burglary at Kauffman Cleaners in Steelton, Pa. On March 8, 1979, after a hearing thereon, the matter was transferred to the criminal division pursuant to Section 6355 of the Juvenile Act (42 Pa.C.S. 6355). Subsequently, a criminal information was drawn and filed against the defendant, he was arraigned on May 2, 1979 where he entered a not guilty plea to the offense, and on August 22, 1979, the defendant was adjudged guilty of the burglary following a non-jury trial and was sentenced as set forth above. On August 27, 1979, the defendant took this appeal. Defendant was 17 years of age at the time of the burglary.
On December 22, 1978 police questioned the defendant, in the presence of his mother, about the burglary. During the course of the questioning the defendant gave oral inculpatory statements to the police which implicated him in the burglary. These statements were later reduced to writing which the defendant signed. Prior to trial the defendant filed a suppression motion seeking to have the statements suppressed as the product of unlawful questioning in violation of his Miranda rights.*fn1 The court below denied defendant's suppression motion and the incriminating statements were used to convict him at his trial. Defendant's sole contention on appeal is that his Miranda rights were violated because they included a statement by the police that any
[ 279 Pa. Super. Page 584]
statements he gave to them "can and will be used against you in a juvenile proceeding at some later date." (Emphasis ours) The defendant claims that he was misled by the Miranda statement and would not have given the incriminating statements to the police if he was aware that they could be used against him in a criminal proceeding. He claims that because the words juvenile proceeding were used by the police that his waiver of his Miranda rights was ineffective and that his statements should have been suppressed at the suppression hearing. Defendant's mother also testified that she was misled by the use of the same words during the reading of the Miranda rights.
Prior to the actual interrogation of the defendant, he was given the Miranda warnings in various forms. The police first read him his rights from a card which contained the statement that "Anything you say can and will be used against you in a court of law " (Emphasis-ours). Shortly thereafter the statement which defendant claims misled him was read to the defendant and his mother and was signed by the defendant's mother. The police then gave the defendant and his mother the opportunity to confer privately with each other. Following this conference the Miranda warnings were read to the defendant a third time. This Miranda statement was given to the defendant in essentially the same form as the first one. Defendant then gave the inculpatory statement. He now claims that the Miranda warnings given to him were ...