ZACHARY JOSEPH PENNA
v.
STATE OF FLORIDA
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A question of great public importance is certified to the Florida Supreme Court regarding whether a defendant's Fifth Amendment Miranda rights are automatically violated when an officer fails to re-read a Miranda warning following the defendant's voluntary re-initiation of contact.
[1] A question of whether a defendant's Fifth Amendment Miranda rights are automatically violated when an officer fails to re-read a Miranda warning following the defendant's…
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Join FLexlaw to unlock all legal intelligenceZachary Joseph Penna appealed a conviction from the Circuit Court for the Fifteenth Judicial Circuit in Palm Beach County. The appeal involved issues …
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
ZACHARY JOSEPH PENNA, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D20-345
[March 9, 2022]
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Caroline
C.
Shepherd, Judge;
L.T.
Case No. 502016CF006304A.
Carey Haughwout, Public Defender, and Paul Edward Petillo, Assistant Public Defender, West Palm Beach, for appellant.
Ashley Moody, Attorney General, Henry C. Whitaker, Solicitor General, Jeffrey Paul DeSousa, Chief Deputy Solicitor General, and Evan Ezray, Deputy Solicitor General, Tallahassee, for appellee.
ON APPELLEE’S MOTION FOR CERTIFICATION OF A QUESTION OF
GREAT PUBLIC IMPORTANCE OR REHEARING EN BANC
GERBER, J.
After consideration of the state’s motion for certification of a question of great public importance, and the defendant’s response thereto, we grant the state’s motion for certification of a question of great public importance. We certify to the Florida Supreme Court the following question of great public importance:
WHETHER A DEFENDANT’S FIFTH AMENDMENT MIRANDA
RIGHTS ARE AUTOMATICALLY VIOLATED WHEN AN
OFFICER FAILS TO RE-READ A MIRANDA WARNING
FOLLOWING A DEFENDANT’S VOLUNTARY RE-INITIATION
OF CONTACT.
2
In view of our having certified the state’s requested question of great public importance, the state’s alternative motion for rehearing en banc, which requested the same certification, is denied as moot.
WARNER and ARTAU, JJ., concur.
* * *
No further motion for rehearing shall be filed.