MICHAEL RECTOR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reject the defendant’s challenges to the statements and confessions admitted against him, finding that he was not initially under arrest or invalidly taken into custody, see Roman v. State, 475 So. 2d 1228 (Fla.1985), cert. denied, 475 U.S. 1090, 106 S.Ct. 1480, 89 L.Ed.2d 734 (1986); State v. Dodd, 396 So. 2d 1205 (Fla. 3d DCA 1981), and cases cited at 1207, approved, 419 So. 2d 333 (Fla.1982); compare Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979); Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975), and that, when they became required, Miranda warnings were correctly administered. See Kennedy v. State, 455 So. 2d 351 (Fla.1984), cert. denied, 469 U.S. 1197, 105 S.Ct. 981, 83 L.Ed.2d 983 (1985); Waterhouse v. State, 429 So. 2d 301 (Fla. 1983), cert. denied, 464 U.S. 977, 104 S.Ct. 415, 78 L.Ed.2d 352 (1983).
Affirmed.
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State v. Rivera, 719 So. 2d 335 (Fla. 5th DCA 1998)…f from the peril they created. As a result, the trial court properly concluded that Rivera had “ ‘retreat[ed] to the wall using all means in his power to avoid th[e] need’” to use deadly force. See Hunter, 687 So. 2d at 278 (quoting Reimel v. State, 532 So. 2d 16, 18 (Fla. 5th DCA 1988), rev. denied, 542 So. 2d 989 (Fla.1989)). Thus, the trial court properly concluded that the state failed to rebut Rivera’s prima facie ease of self-defense and we affirm the entry of judgments of acquittal in this case. AFFI…
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Dias v. State, 812 So. 2d 487 (Fla. 4th DCA 2002)…utler v. State, 493 So. 2d 451, 453 (Fla.1986) (emphasis added). The question of self-defense is one of fact, and is one for the jury to decide where the facts are disputed. See Scholl v. State, 94 Fla. 1138, 115 So. 43, 44 (1927); Reimel v. State, 532 So. 2d 16, 18 (Fla. 5th DCA 1988); Payton v. State, 200 So. 2d 255, 255 (Fla. 3d DCA 1967). In discussing the question of the reasonableness of the force used, the court in Reimel stated: A jury question is presented when the evidence is reasonably susceptib…
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Hoffman v. State, 708 So. 2d 962 (Fla. 5th DCA 1998)…ted when the evidence is reasonably susceptible of two views, either that the defendant’s action in shooting was justifiable self-defense or that such action evinced a depraved mind without proper regard for the life of the victim.” Reimel v. State, 532 So. 2d 16, 18 (Fla. 5th DCA 1988); See also, Lynch v. State, 293 So. 2d 44 (Fla.1974). The evidence adduced at trial clearly allows for difference of opinion between reasonable people as to whether the shooting was in self-defense. Appellant testified that h…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (12 total)
- Dunaway v. New York, 442 U.S. 200 (U.S. 1979)
- Brown v. Illinois, 422 U.S. 590 (U.S. 1975)
- Roman v. State, 475 So. 2d 1228 (Fla. 1985)
- Waterhouse v. State, 429 So. 2d 301 (Fla. 1983)
- State v. Dodd, 419 So. 2d 333 (Fla. 1982)
- Nevada v. Vine, 464 U.S. 977 (U.S. 1983)
- Blanks v. Georgia, 475 U.S. 1090 (U.S. 1986)
- Southland News Co., Inc. v. Cnty. of Winnebago, 475 U.S. 1090 (U.S. 1986)
- State v. Dodd, 396 So. 2d 1205 (Fla. 3d DCA 1981)
- Kennedy v. State, 455 So. 2d 351 (Fla. 1984)