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STATE v. CLAYTON

No. 85-101.

478 So.2d 436 (1985)

STATE of Florida, Appellant, v. Alvin Andrew CLAYTON, Appellee.

District Court of Appeal of Florida, Fifth District.

November 7, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Div., Asst. Public Defender, Daytona Beach, for appellee.

COBB, Chief Judge.

The appellee, Alvin Andrew Clayton, a minor, was questioned at his high school by the police, in the presence of the principal, about a burglary. After receiving Miranda1 warnings, he admitted his involvement. This occurred in September, 1984, at which time Florida Rule of Juvenile Procedure 8.290(d)(4) provided:

A waiver of counsel made in court shall be of record; a waiver made out of court shall be...

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