ANDRES PAVON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Defendant appeals a final judgment of conviction and sentence after a jury trial. The defendant was charged by information with three counts of robbery using a deadly weapon or firearm and one count of false imprisonment, and he was convicted of robbery with a firearm. The defendant filed a motion to suppress his confession and evidence obtained from the search of his car and apartment, which, after an evidentiary hearing, was denied by the trial court. We affirm.
On a motion to suppress, the trial judge’s role is to weigh the credibility of the witnesses and resolve the evidentiary conflicts. See Parlee v. State, 899 So.2d 458 (Fla. 5th DCA 2005). The record shows that the judge, with clarity, found the defendant’s confession and the consent to the inspection of his vehicle and apartment to be voluntary by a preponderance of the evidence. Therefore, the confession and evidence were rightfully admitted, and the denial of the motion to suppress was not error. See Dillow v. State, 884 So.2d 508 (Fla. 2d DCA 2004).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Maranda Joy Martin v. State, 141 So. 3d 1226 (Fla. 1st DCA 2014)…ctions and inferences in a manner most favorable to sustaining the ruling.” Id. (citation omitted). “On a motion to suppress, the trial judge’s role is to weigh the credibility of the witnesses and resolve the evidentiary conflicts.” Pavon v. State, 12 So. 3d 287, 287 (Fla. Sd DCA 2009) (citation omitted). In order to invoke the right to counsel, the suspect “must articulate his desire to have counsel present sufficiently clearly that a reasonable police officer in the circumstances would understand the stat…
Authorities Cited
- Hastings v. State, 899 So. 2d 458 (Fla. 4th DCA 2005)
- Wells v. Crosby, 884 So. 2d 508 (Fla. 1st DCA 2004)
- Dillow v. State, 884 So. 2d 508 (Fla. 2d DCA 2004)