dissenting. I would like to join the majority opinion because of its desired results; however, I note, in examining the transcript of trial, that the records reflect that Rhoades was charged as a result of an information or indictment with a felony in circuit court, and for this reason we cannot afford to him the protection provided by the Arkansas Juvenile Code with reference to the taking of his statement without the required waivers from his parent, guardian, custodian, or like figure.
The majority, in its opinion, circumvents this issue by stating that Rhoades was arrested on a circuit court felony bench warrant, but neither the abstract nor the transcript shows a copy of an indictment or information setting out the felony offenses for which Rhoades was charged. Granted, the abstract does not reflect these two instruments; however, we may go to the record to affirm. Haynes v. State, 314 Ark. 354, 862 S.W.2d 275 (1993). In doing so, I note that the record contains a bench warrant which clearly reflects on its face that it was issued as a result of an indictment charging Rhoades with the offense of burglary and theft of property and forgery in circuit court.
In further examining the transcript of the proceedings of the trial court, I find that one of the circuit judges of the district filed an instrument identified as “Probable Cause Finding and Authorization for Arrest Warrant”, which document contained a typed notation reading “Information No. CR-91-122-2 A and B.” The instrument was dated December 12, 1991, and, after it was filed, a bench warrant was issued by the clerk of the court on the same date. That document recited that appellant Rhoades was to appear in circuit court to answer an indictment in that court for the offenses of burglary, theft of property, and forgery.
875 S.W.2d 814 Thomas D. Deen, for appellant. Winston Bryant, Att’y Gen., by: Clint Miller, Senior Asst. Att’y Gen., for appellee.Although there is ambiguity concerning the notation of an “information” number on the authorization for arrest warrant and the term “indictment” found in the warrant, the fact still remains that the clerk of the court formally issued a bench warrant to arrest Rhoades to answer an “indictment,” and we must accept the bench warrant — as it appears in the transcript — as properly issued unless the record reflects otherwise.
For these reasons, I can only conclude that Mr. Rhoades was arrested by a bench warrant which was predicated upon an indictment which charges him with a felony in circuit court. To hold otherwise, we would have to assume that the clerk utilized the wrong form in issuing a bench warrant or was mistaken in her action. This we should not do!
This being the case, we should invoke the provisions of the Arkansas Rules of Criminal Procedure as applied to circuit courts rather than interpose the protective shield of the Arkansas Juvenile Code.
I respectfully dissent.