REGINALD CLARK AND JOE LEE COLEY, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1968-02-27
No. 66-1107
Before CHARLES CARROLL, C. J., and PEARSON and SWANN, JJ.
207 So. 2d 481 Florida District Court of Appeal, Third District (1968) Positive Treatment
Cited by 2 cases

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Synopsis

This case reviews a robbery conviction where the appellants argued that their constitutional rights were violated by the introduction of a co-defendant's statement and inadequate Miranda warnings. The court affirmed the conviction, finding that the statement was voluntary and not subject to Miranda, and that the defendants received adequate warnings and were not subject to custodial interrogation.


Holding

No, the appellants' constitutional rights were not violated. The voluntary statement made by Coley was not subject to Miranda warnings, and the defendants received adequate warnings and were not subjected to custodial interrogation.


Key Quotes

“We hold that the admonition in Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) has no application to this situation.”

Establishes that Miranda warnings do not apply to voluntary statements made at the scene of an arrest.

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Facts & Procedural History

Appellants Reginald Clark and Joe Lee Coley were found guilty and sentenced for robbery. During the arrest, appellant Coley made a voluntary, spontane…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants were found guilty and sentenced for robbery. On this appeal they present two points. The first applies to appellant Clark only and urges that he was deprived of his constitutional rights by the introduction of testimony as to a voluntary spontaneous statement by appellant Coley at the scene of the arrest. We hold that the admonition in Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) has no application to this situation. See also Jones v. State, Fla.App.1967, 200 So.2d 574; Kinsey v. State, Fla.App.1967, 193 So.2d 437.

The second point urges that appellants were not adequately warned as required by Miranda v. State of Arizona, supra. The record reveals a full and adequate warning to the defendants by the arresting officer and in addition, reveals no custodial interrogation. See Biglow v. State, Fla.App.1967, 205 So.2d 547.

Affirmed.


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Citator

Cited By

  • Woods v. State, 211 So. 2d 248 (Fla. 3d DCA 1968)
    …243, 153 N.W. 2d 916, 917 (1967); State v. Travis, 49 N.J. 428, 231 A. 2d 205, 207 (1967); State v. McDaniel, 272 N.C. 556, 158 S.E. 2d 874, 880 (1968); Commonwealth v. Sites, 427 Pa. 486, 235 A. 2d 387, 389 (1967). . Clark v. State, Fla.App.1968, 207 So. 2d 481; Glover v. State, Fla.App.1967, 203 So. 2d 676; Jones v. State, Fla.App.1967, 200 So. 2d 574, 576, 577. . Fendley v. United States, 384 P. 2d 923 (5th Cir. 1967). . Id. at 923, 924. . Id. 384 F. 2d at 924.…
  • Hill v. State, 223 So. 2d 548 (Fla. 2d DCA 1969)
    …ill’s contention here. Other cases are in accord with this holding: Patrick v. State, Fla.App.1967, 203 So. 2d 62; Colebrook v. State, Fla.App. 1968, 205 So. 2d 675; Solino v. United States, 5 Cir. 1968, 387 F. 2d 354; Clark v. State, Fla.App.1968, 207 So. 2d 481; Anderson v. State, Fla.App.1968, 207 So. 2d 518; and Brisbon v. State, Fla.App. 1967, 201 So. 2d 832. The judgment of conviction appealed is therefore Affirmed. HOBSON, Acting C. J., and MANN, J., concur.…

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