LORENZO STATEN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Allred v. State, 622 So. 2d 984 (Fla. 1993)
  …582, 110 S.Ct. 2638, 110 L.Ed.2d 528 (1990). .The circuit court, in its appellate capacity, affirmed the suppressions. The Fourth District Court of Appeal reversed, holding that alphabet recitations4 are not testimonial, relying on Contino v. State, 599 So. 2d 728 (Fla.2d DCA 1992). Muniz holds that compelling an arrested drunk-driving suspect to disclose the date of his sixth birthday is a “testimonial” response. Because Muniz was not read his Miranda rights before he was asked the sixth-birthday question,…

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• State v. Burns, 661 So. 2d 842 (Fla. 5th DCA 1995)
  …own mouth. The incriminating inference is drawn from the testimonial act — answering the question incorrectly, not from physical evidence — slurred speech. Id. at 987 (emphasis added). In so holding, the supreme court disapproved Contino v. State, 599 So. 2d 728 (Fla. 2d DCA 1992) (holding admissible the fact that defendant was unable to recite the alphabet past the letter “p,” where it appeared the defendant had been asked to recite the entire alphabet). Allred did not hold that asking a defendant to reci…
• State v. Diandrea, 602 So. 2d 1322 (Fla. 4th DCA 1992)
  …z, 496 U.S. 582, 110 S.Ct. 2638, 110 L.Ed.2d 528 (1990). The majority in Muniz considered the response to a question about the date of the suspect’s sixth birthday to be “testimonial.” We agree with the Second District’s opinion in Contino v. State, 599 So. 2d 728 (Fla. 2d DCA 1992), which states in pertinent part: Indeed, Muniz blurs the distinction between testimony and physical evidence. It is fair to say, however, that recitation of the alphabet — something most people would do almost reflexively — is ev…

Authorities Cited

• Pope v. State, 561 So. 2d 554 (Fla. 1990)