Jones v. State

Full title: JOE JONES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Nov 12, 1975

321 So. 2d 574 (Fla. Dist. Ct. App. 1975)

Opinion

No. 75-135.

November 12, 1975.

Appeal from the Circuit Court for Hillsborough County, Harry Lee Coe, III, J.

James A. Gardner, Public Defender, Sarasota, and Ellen Condon, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We hold, once again, that the failure of a probation officer to give a Miranda warning to a probationer prior to his admission of a violation of the terms of his probation does not render the admission inadmissible at the revocation proceeding. Clark v. State, Fla.App.2d 1969, 222 So.2d 766. See United States v. Johnson, 5th Cir. 1971, 455 F.2d 932; People v. W., 1968, 31 A.D.2d 163, 295 N.Y.S.2d 767; State v. Jackson, 1972, 16 Ariz. App. 476, 494 P.2d 376; but cf. Heath v. State, Fla.App. 4th, 1975, 310 So.2d 38.

Affirmed.

McNULTY, C.J., and HOBSON and GRIMES, JJ., concur.