EDWIN J. FEX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1980-07-25
No. 79-1174
RYDER and DANAHY, JJ., concur.
386 So. 2d 58 Florida District Court of Appeal, Second District (1980) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Fex appealed his conviction on grounds that his confession was involuntary because it was obtained through promises of leniency regarding bail. The Florida District Court of Appeal agreed that the confession was inadmissible and reversed, holding that under established precedent, confessions induced by promises of reduced bail are involuntary.


Holding

The confession was involuntary and should have been excluded. Under the applicable precedent, a confession obtained by any promise of leniency is inadmissible, and the State bears the burden of proving voluntariness. Even applying a less stringent totality-of-circumstances test, the officer's statements combined with his prior relationship with the young, first-time arrestee overbore the appellant's will to confess.


Headnotes

[1] A confession is inadmissible if obtained by threat or promise, however slight.

[2] Statements made by a suspect during custodial interrogation are inadmissible if the suspect has not been advised of their Miranda rights.

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Key Quotes

“This court has held that a confession obtained by any direct or implied promise is inadmissible.”

States the governing legal rule that any promise, direct or implied, renders a confession inadmissible

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Facts & Procedural History

An 18-year-old appellant with no prior arrests was taken to the police station where the arresting officer, who had known him since age ten, read him …

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Opinion of the Court
HOBSON, Acting Chief Judge.

HOBSON, Acting Chief Judge.

The appellant contends his confession was involuntary and, therefore, the court erred in permitting the interrogating officer’s testimony concerning it. We agree and reverse.

This court has held that a confession obtained by any direct or implied promise is inadmissible. Bram v. U. S., 168 U.S. 532, 18 S.Ct. 183, 42 L.Ed. 568 (1897); Fillinger v. State, 349 So. 2d 714 (Fla.2d DCA 1977). The State has the burden of showing the voluntariness of a confession. State v. Chorpenning, 294 So. 2d 54 (Fla.2d DCA 1974). In the instant case, the arresting officer testified that he took the appellant to the police station and read his Miranda rights to him. The' officer then told the appellant that he already knew the answers to the questions he was going to ask and if the appellant was cooperative and told the truth he would try to keep the bond as low as possible.

In Fillinger, supra, the interrogating officer told the appellant that he had enough information to go to the state attorney and procure a warrant for her arrest. In addition, he stated that he would advise the state attorney whether she cooperated and would consider her cooperation in establishing the amount of bond. This court held that the circumstances indicated the confession was induced by promises of leniency and thus was not voluntary. Applying this rule to the instant case, the appellant’s confession should have been excluded.

A less stringent standard arguably was announced in United States v. Ferrara, 377 F. 2d 16 (2d Cir. 1967). The court of appeals held that the statement of a federal narcotic’s agent to the defendant that he felt sure the defendant would get out on reduced bail did not render the confession involuntary. The court did not reject the test applied by this court; however, it stated a promise of reduced bail was not dispositive. Instead, all of the circumstances were examined to determine if the officer’s conduct In overbore the defendant’s will to confess. Ferrara, the court’s conclusion that the confession was voluntary was influenced by the fact that the defendant had two prior convictions and, therefore, was familiar with his right to counsel and right to remain silent. Moreover, he was not subjected to protracted interrogation or threatened. See Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970); United States v. Reynolds, 532 F. 2d 1150 (7th Cir. 1976); United States v. Frazier, 434 F. 2d 994 (5th Cir. 1970).

In the instant case, the appellant was eighteen years old at the time of the interrogation and had never been arrested. The officer stated he had known the appellant since he was ten. In addition to promising reduced bail, the officer told appellant he had already been identified and that he (the officer) knew the answers to the questions. While these statements may not rise to the level of threat, they certainly were intended to “overbear” the appellant’s will. These additional circumstances distinguish the instant case from Ferrara. Therefore, even applying the less stringent “totality of the circumstances test,” the appellant’s confession was involuntary.

The appellant also contends on appeal that the trial court violated his right to testify and right to counsel by forcing him to choose between not testifying or continuing the trial without counsel. The trial court informed the appellant that no member of the Florida Bar could represent him if he chose to testify. Appellant then agreed not to testify. The appellant’s first argument concerning the voluntariness of his confession is dispositive. Therefore, while we are disturbed that the trial court forced the appellant to choose between not testifying or continuing the trial without counsel, we do not reach that question.

REVERSED and REMANDED.

RYDER and DANAHY, JJ., concur.


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Citator

Cited By

  • Spikes v. State, 405 So. 2d 430 (Fla. 3d DCA 1981)
    …cord and not in response to questioning by Officer Maye. Miranda warnings are a prerequisite to custodial interrogation, and the state must establish a waiver of constitutional rights prior to interrogating a person who is in custody. Fex v. State, 386 So. 2d 58 (Fla. 2d DCA 1980). Because defendant Spikes volunteered her statement without police interrogation, the state was not required to establish that she had waived her rights. See Eleuterio v. Wainwright, 587 F. 2d 194 (5th Cir.), cert. denied, 443 U.S…
  • Queen Elizabeth Wiley v. State, 427 So. 2d 283 (Fla. 1st DCA 1983)
    …otion to suppress, finding that the statements were freely and voluntarily made. When a criminal defendant alleges that inculpatory statements made by him were involuntary, the burden is on the State to prove that they were voluntary. Fex v. State, 386 So. 2d 58 (Fla. 2d DCA 1980). The trial court must determine that the statements were voluntary before allowing the jury to hear them. Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964). However, the trial court need only find by a preponder…

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