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IN THE INTEREST OF W. R. A.

NOVEMBER 27, 1985

IN THE INTEREST OF W. R. A., A MINOR




BEFORE PATTERSON, C.J., HAWKINS AND ROBERTSON, JJ.

ROBERTSON, JUSTICE, FOR THE COURT:

I.

This appeal arises from Youth Court proceedings the course of which has been unusual, as will presently appear. Most important of the questions presented are those respecting the taking of a confession for a youthful offender. We find on the facts presented Miranda *fn1 warnings followed by the youth's knowing and intelligent waiver of his privilege against self-incrimination and his right to counsel, coupled with the youth's mother's knowing consent to the interrogation, sufficient to render a confession admissible even where it is arguably the fruit of a previous, tainted inculpatory statement.

 In the end we affirm the Youth Court's adjudication of delinquency, Because some five weeks thereafter it appears that the Youth Court transferred jurisdiction of these matters to the Circuit Court, we hold that prosecutions there for the felony charges which formed the bases for the adjudication of delinquency may not be had consistent with the youth's rights under the double jeopardy clauses of federal and state constitutions. We remand for disposition under the Youth Court Act.

 W.R.A. was born on October 17, 1966. In terms of IQ and educational achievement, he is of obvious low intelligence. He has spent the better part of his teenage years before the Chancery Court of Sunflower County, Youth Court Division (hereinafter "The Youth Court"). He appeals here an adjudication of delinquency arising out of incidents occurring on February 24, 1984, at a time when W.R.A. was seventeen

 years of age.

 On February 7, 1984, W.R.A. was detained by the Police Department of Indianola, Mississippi, for investigation of the burglary of the Indianola Junior High School and the Seymour Library. On February 8, 1984, W.R.A. was released to the custody of his mother. These charges are not directly involved in the pending appeal.

 On or about February 17, 1984, a petition was filed in the Youth Court seeking to have W.R.A. adjudicated delinquent on the February 7 charges. An adjudicatory hearing was set for February 29, 1984. Gary L. Austin, Esq., of the Indianola Bar, was appointed to represent W.R.A. The hearing on these charges was later rescheduled for March 14, 1984.

 W.R.A.'s rearrest on February 24, 1984, has led to five additional charges resulting ultimately in this appeal. He was arrested in Inverness, Mississippi, was questioned by the Inverness Police Department and made an inculpatory statement at about 9:35 A.M. on February 24, 1984. The Inverness Police Department called the Indianola Police Department some eight miles north suggesting that W.R.A. might have been involved in the theft of an automobile in Indianola. As a result of that call, Captain E. L. Steed was dispatched from Indianola to bring the youth back for further questioning. On that same day Indianola police officials took highly incriminating statements from W.R.A. the times of which have been recorded as 2:34 P.M. and 2:45 P.M. respectively.

 Although appointed on February 17, 1984, to represent W.R.A. on the February 7 charges and continually representing him on those charges through the hearing on the second Wednesday of March, Gary L. Austin was not called on February 24 and informed that W.R.A. had been apprehended; nor was he present; nor did he give his consent to anyone to take W.R.A.'s statement.

 To summarize, W.R.A. was charged with seven offenses during the month of February, 1984. A chronology of these is helpful to an understanding of the issues tendered on the instant appeal:

 DATE CHARGE W.R.A.'s ATTORNEY DISPOSITION

 2/7/84 Burglary of Jr. High Gary L. Austin Unknown School Appt. 2/17/84

 2/7/84 Burglary of Henry M. Gary L. Austin Seymour Library, Appt. 2/17/84 Unknown Indianola

 2/21/84 Burglary of Gary Howard Q. Davis, Jr. Dismissed McNally's Home

 2/24/84 Burglary of home of Howard Q. Davis, Jr. Dismissed James McFeltan, Inverness, Miss.

 2/24/84 Grand Larceny of Howard Q. Davis, Jr. Adjudicated automobile of Dickie Delinquent Carr

 2/24/84 Grand Larceny of Howard Q. Davis, Jr. Adjudicated automobile of Dennis Delinquent

 Buzza 2/24/84 Burglary of automobile Howard Q. Davis, Jr. Adjudicated of Herbert E. Calhoun Delinquent

 The last three of these charges constitute the instant appeal.

 With respect to the three charges here at issue, the Youth Court on April 17, 1984 entered its order adjudging W.R.A. to be delinquent under the Mississippi Youth Court Act. The two charges regarding the burglaries of the McNally and McFeltan homes were dismissed, we are told, because the required consent to interrogate was not obtained and, accordingly, the confessions upon which those charges were based were obtained in violation of Miss. Code Ann. 43-21-311 (4) (1972). Those charges are not involved in this appeal. Our purpose here in describing the February 7 charges is to explain that on February 24, 1984, the date of the confessions undergirding the three adjudications here appealed, W.R.A. had counsel actively representing him before the Youth Court, albeit formally only with respect to the February 7, 1984 charges.

 III.

 At the outset, the Youth Court prosecutor moves for entry of an order dismissing this appeal asserting as grounds that there is no final order entered in the Youth Court from which an appeal may be taken. Our attention is directed to the Amended Order Transferring Jurisdiction To Circuit Court entered May 23, 1984. Temporally, this is the final order entered in the course of the proceedings below.

 Without doubt, no appeal of right lies to this Court from an order of a Youth Court transferring to circuit court jurisdiction over the alleged criminal conduct of a youthful offender. In the Interest of Watkins, 324 So.2d 232, 234 (Miss. 1975). If all that had been accomplished in the proceedings below was a transfer of ...


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