MICHAEL SEAN RODGERS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MICHAEL SEAN RODGERS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
559 So. 2d 392
Florida District Court of Appeal, Third District (1990)
Negative Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
It is settled that “all inferences on a motion to dismiss are to be resolved against the defendant.” State v. Adderly, 411 So. 2d 981, 982 n. 1 (Fla. 3d DCA 1982). That being so, the trial court was entirely correct in denying the motion to dismiss, whether based on the contents of the motion and response thereto, or the trial court’s viewing of the defendant’s actions on the videotape, or both.
Affirmed.
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Citator
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Davis v. State, 589 So. 2d 441 (Fla. 3d DCA 1991)…PER CURIAM. Affirmed. Jefferson v. State, 128 So. 2d 132, 135 (Fla.1961); Rodriguez v. State, 559 So. 2d 392, 393 (Fla. 3d DCA 1990); Soberon v. State, 545 So. 2d 490, 491 (Fla. 3d DCA 1989); Pressley v. State, 395 So. 2d 1175, 1177 (Fla. 3d DCA), review denied, 407 So. 2d 1105 (Fla.1981); Holland v. State, 359 So. 2d 28, 29 (Fla. 3d DCA 1978), cert. denie…
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Thomas v. State, 573 So. 2d 393 (Fla. 4th DCA 1991)…llant’s exculpatory statements given after Miranda warnings. We do not view Anderson’s statement that Thomas was unable to verify the names of his friends, as a statement of Thomas’ attempt to invoke a right to remain silent. See Rodriguez v. State, 559 So. 2d 392 (Fla. 5th DCA 1990). Therefore, Anderson’s testimony was admissible. Further, the prosecutor’s comment during closing argument that “[n]o matter how good the State’s case is, defense always wants us to prove something else,” was not so prejudicial…
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Brown v. State, 592 So. 2d 1243 (Fla. 3d DCA 1992)…935 (5th Cir.1974). In the absence of some affirmative manifestation of a desire to remain silent, it is presumed that the privilege has not been invoked. Jenkins v. Anderson, 447 U.S. 231, 100 S.Ct. 2124, 65 L.Ed.2d 86 (1980); Rodriguez v. State, 559 So. 2d 392 (Fla. 3d DCA 1990). Here, there was a concrete affirmative manifestation to communicate with police after being advised of his rights — he voluntarily spoke about the crime. See Avila v. State, 545 So. 2d 450 (Fla. 3d DCA 1989); Walker v. State, 484…
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- State v. Zeb Adderly, 411 So. 2d 981 (Fla. 3d DCA 1982)