KENDAL MARTIN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
KENDAL MARTIN, PETITIONER,
STATE OF FLORIDA, RESPONDENT
96 So. 3d 1118
Florida District Court of Appeal, First District (2012)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The petition seeking a belated appeal of the judgment and sentence rendered on or about June 23, 2011, in Bay County Circuit Court case number 2011-000193-CFMB, is granted. Upon issuance of mandate, a copy of this opinion shall be furnished to the clerk of the lower tribunal for treatment as a notice of appeal. If petitioner qualifies for the appointment of counsel at public expense, the lower tribunal is directed to appoint counsel to represent him in the appeal authorized by this opinion.
VAN NORTWICK, WETHERELL, and MAKAR, JJ., concur.
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Citator
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Tyson L. Chaffin v. State, 121 So. 3d 608 (Fla. 4th DCA 2013)…and remand for a new trial on that charge. Affirmed in Part; Reversed in Part and Remanded. STEVENSON, J., and SINGHAL, RAAG, Associate Judge, concur. . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). . See Reed v. State, 96 So. 3d 1118 (Fla. 1st DCA 2012). There, Judge Wolf in a concurrence noted that effective Miranda warnings should not be rattled off in a rapid fire manner, but should be communicated at a normal cadence. Id. at 1118.…
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Wright v. State, 161 So. 3d 442 (Fla. 5th DCA 2014)…the rights at a moderate pace from a printed form, pointing out each right as she went. See Chaffin v. State, 121 So. 3d 608, 614 n. 2 (Fla. 4th DCA 2013) (noting effective Miranda warnings should be read “at a normal cadence” (citing Reed v. State, 96 So. 3d 1118, 1118 (Fla. 1st DCA 2012))). Detective Stoup asked if Wright understood the rights, and Wright nodded affirmatively. Detective Stroup ended the warnings by asking Wright, “Having these rights in mind, do you want to talk about this?” There does not…