DIAMOND DEREK MONTGOMERY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
The defendant Diamond Derek Montgomery appeals his conviction and sentence entered below for the crime of first degree murder. The sole point on appeal is that the trial court erred “in ruling that the defendant’s [oral] confession [to the police] was knowingly and voluntarily made” and in thereafter admitting the said statement in evidence over proper defense objection. We have carefully reviewed the testimony in the record in this case and have concluded that there was sufficient evidence upon which the trial court could have concluded, as it did, that the defendant’s statement herein was freely and voluntarily given. See Stone v. State, 378 So. 2d 765, 769-70 (Fla.1979). The judgment of conviction and sentence under review is, accordingly,
Affirmed.
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Snook v. State, 478 So. 2d 403 (Fla. 3d DCA 1985)…ate, 378 So. 2d 765, 769-70 (Fla.1979) (trial judge’s determination that confession was freely and voluntarily made comes with presumption of correctness), cert. denied, 449 U.S. 986, 101 S.Ct. 407, 66 L.Ed.2d 250 (1980); accord Montgomery v. State, 435 So. 2d 968, (Fla. 3d DCA 1983); see also McNamara v. State, 357 So. 2d 410, 412 (Fla.1978) (trial court’s ruling on motion to suppress comes clothed with presumption of correctness). Fourth, the defendant contends that the trial court erred in denying the def…
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Allen R. and Jill F. Greenwald v. Eisinger, Brown, Lewis & Frankel, P.A., 118 So. 3d 867 (Fla. 3d DCA 2013)…ing on the motion in limine. The fact the trial court sustained an objection to the question and denied a request for a sidebar did not obviate the need for a proffer in this case, nor did it suffice to preserve the claimed error. See Sosa v. State, 435 So. 2d 968 (Fla. 3d DCA 1983); Francis v. State, 308 So. 2d 174 (Fla. 1st DCA 1975). Cf. § 90.104(1)(b), Fla. Stat. (2012) (providing “if the court has made a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party n…
Authorities Cited
- Stone v. State, 378 So. 2d 765 (Fla. 1979)