WILLA DEAN PATTERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Affirmed.
REED, C. J., and OWEN, J., concur.
CROSS, J., dissents with opinion.
(dissenting).
I respectfully dissent. Appellant was charged by information with second degree murder, tried by jury and convicted of manslaughter, adjudged guilty by the court with imposition of sentence.
On appeal appellant contends that the trial court erred in admitting certain statements into evidence which was obtained from her after she was in custody and having made known her desire for assistance of counsel; that the trial court erred in not instructing the jury on lesser included offenses.
I would reverse and remand for a new trial relying on Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 1966, as to the first contention, and Brown v. State, 206 So.2d 377, Fla.1968, as to the second contention.
CROSS, Judge
(dissenting).
I respectfully dissent. Appellant was charged by information with second degree murder, tried by jury and convicted of manslaughter, adjudged guilty by the court with imposition of sentence.
On appeal appellant contends that the trial court erred in admitting certain statements into evidence which was obtained from her after she was in custody and having made known her desire for assistance of counsel; that the trial court erred in not instructing the jury on lesser included offenses.
I would reverse and remand for a new trial relying on Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 1966, as to the first contention, and Brown v. State, 206 So. 2d 377, Fla.1968, as to the second contention.
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Herrera v. State, 594 So. 2d 275 (Fla. 1992)…e regarding the defendant’s having been entrapped.5 Some cases hold that defendants must show entrapment by proving their lack of predisposition toward criminal activity. E.g., Priestly v. State, 450 So. 2d 289 (Fla. 4th DCA 1984); Evenson v. State, 277 So. 2d 587 (Fla. 4th DCA 1973); Koptyra v. State, 172 So. 2d 628 (Fla. 2d DCA 1965). Other cases have held that the State must disprove entrapment by showing the defendant’s predisposition to commit the offense. E.g., Wheeler; Moody v. State, 359 So. 2d 557 (F…
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Isiah T. Moody v. State, 359 So. 2d 557 (Fla. 4th DCA 1978)…some area and the principles involved vary depending upon the jurisdiction. The Florida courts do not appear to have addressed the issue directly although two have indicated that the burden of adducing evidence is on the defendant. Evenson v. State, 277 So. 2d 587, 591 (Fla. 4th DCA 1973); Koptyra v. State, 172 So. 2d 628, 632 (Fla. 2d DCA 1965). In Koptyra, however, the court indicates that the defendant will not have the initial burden of adducing evidence if “ . . . the facts relied on otherwise appear in…
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- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Brown v. State, 206 So. 2d 377 (Fla. 1968)