GEORGE R. DAILEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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George Dailey was convicted of three counts of capital sexual battery on a child under twelve and sentenced to life imprisonment with mandatory minimum terms. The Florida appellate court affirmed the convictions and the public defender's lien but remanded for resentencing because the trial court improperly applied sentencing guidelines to capital felonies.
The confession was voluntary and properly admitted. The trial court correctly refused the penalty instruction because capital sexual battery is no longer punishable by death. The public defender's lien was valid because Dailey waived notice requirements. The sentencing guidelines improperly included two capital felony convictions and required resentencing.
[1] A confession is voluntary when the defendant is advised of and waives Miranda rights, cooperates with questioning, and is not subjected to threats of violence or coercive…
[2] A statement by law enforcement offering assistance to a defendant is not considered a coercive promise in exchange for a confession if it is not made contingent upon a co…
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Join FLexlaw to unlock all legal intelligence“We find nothing in the record warranting disturbing the trial court's conclusion that the confession was freely and voluntarily given.”
Establishes that the confession met constitutional standards and no coercion was found.
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Join FLexlaw to unlock all legal intelligenceDailey was charged with and convicted of three counts of capital sexual battery on a child under twelve years of age. He was sentenced to concurrent t…
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FRANK, Judge.
George Dailey was charged with and convicted on three counts of capital sexual battery on a child under twelve years of age. § 794.011(2), Fla.Stat. (1985). He was sentenced to concurrent terms of life imprisonment with 25 years minimum mandatory on two counts and 30 years for the lesser included offense of attempted sexual battery on the remaining count. The court imposed a $1,000.00 lien for the public defender’s services. We affirm the convictions and the imposition of the public defender’s lien, but we remand for resentencing.
The first issue urged on appeal challenges the voluntariness of Dailey’s confession. He asserts that certain parts of the detective’s questioning amounted to “subtle coercion.” The record reveals that Dai-ley was advised of, and waived, his Miranda rights. He did not request an attorney and spoke cooperatively with the detective throughout one hour of questioning. We find no threats of violence or coercion by promises. Wesley v. State, 498 So. 2d 1276 (Fla. 2d DCA 1986). The statement by the detective that help was available for Dailey if he felt he needed it was properly found by the trial court not to have been in exchange for the confession. Cannady v. State, 427 So. 2d 723 (Fla.1983). We find nothing in the record warranting disturbing the trial court’s conclusion that the confession was freely and voluntarily given.
Dailey also claims error in the trial court’s refusal to instruct the jury on the maximum and minimum penalties for capital sexual battery on a child eleven years or younger. In Coleman v. State, 484 So. 2d 624 (Fla. 1st DCA 1986), the court stated that the need for a jury instruction on maximum and minimum penalties arises when the jury is faced with the choice of recommending either the death penalty or life imprisonment. The need for such an instruction in capital sexual battery cases, however, has been eliminated; that crime is no longer an offense punishable by death. Id. The trial court was correct in refusing the requested instruction.
Dailey’s third issue on appeal concerns the imposition of the public defender’s lien without giving him notice and a hearing as required by section 27.56(7), Florida Statutes (1985). The affidavit of insolvency signed by Dailey included a waiver of notice of any proceeding at which the value of the services of the public defender and/or costs might be imposed. He also waived notice of the filing of the lien. The waiver dispenses with the requirements of section 27.56(7), Florida Statutes (1985), and no error is found in the imposition of the public defender’s lien.
The final issue raised on appeal is the claimed improper scoring of the guidelines scoresheet. We agree with Dailey’s contention that it was incorrect for the trial court to include the two convictions for capital sexual battery on the scoresheet; the sentencing guidelines do not apply to capital felonies. Laster v. State, 486 So. 2d 88 (Fla. 5th DCA 1986).
Convictions affirmed; remanded for re-sentencing.
DANAHY, C.J., and LEHAN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Disinger v. State, 526 So. 2d 213 (Fla. 5th DCA 1988)…nse in which the death penalty can be given, we affirm the trial court’s ruling that it was not required to inform the jury of the possible sentence to be imposed upon appellant for the crime of sexual battery. Id. at 628. See also Dailey v. State, 501 So. 2d 15 (Fla. 2d DCA 1987); Davis v. State, 495 So. 2d 928 (Fla. 4th DCA 1986); Hickox v. State, 492 So. 2d 744 (Fla. 1st DCA 1986). We do agree, however, with appellant’s contentions that the trial court erred in sentencing him on the indecent assault cha…
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Morgan v. State, 146 So. 3d 508 (Fla. 5th DCA 2014)…age is a capital felony, which is not subject to guidelines sentence); see also § 921.001(4)(a), Fla. Stat. (1987) (excluding capital felonies from guidelines sentencing); Disinger v. State, 526 So. 2d 213, 214 (Fla. 5th DCA 1988); Dailey v. State, 501 So. 2d 15, 17 (Fla. 2d DCA 1986); Davis v. State, 493 So. 2d 82, 83 (Fla. 1st DCA 1986). Although the stated rationale for including the questions and answers on the verdict form makes no sense, value is derived from them because they specify the offense the…
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Smith v. Louie L. Wainwright, 508 So. 2d 768 (Fla. 2d DCA 1987)…tatutes (1985), without the required notice and hearing. Smith’s execution of an affidavit of insolvency containing a waiver of notice and hearing renders the contention merit-less. Allen v. State, 502 So. 2d 950 (Fla. 2d DCA 1987); Dailey v. State, 501 So. 2d 15 (Fla. 2d DCA 1986). Accordingly, we confirm Smith’s conviction, vacate the sentence and remand for the entry of the specific findings required to sentence smith as a habitual offender. RYDER, A.C.J., and THREADGILL, J., concur.…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Coleman v. State, 484 So. 2d 624 (Fla. 1st DCA 1986)
- Zettle v. State, 427 So. 2d 723 (Fla. 1983)
- Cannady v. State, 427 So. 2d 723 (Fla. 1983)
- Laster v. State, 486 So. 2d 88 (Fla. 5th DCA 1986)
- Wesley v. State, 498 So. 2d 1276 (Fla. 2d DCA 1986)