RONALD FAY LEIGH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that an explicit finding of voluntariness is not required when the evidence clearly supports the voluntariness of a statement and no controverting evidence is presented.
Appellant was convicted of first-degree murder and challenged the admission of a taped statement, arguing the trial court failed to make an explicit f…
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HARDING, MAJOR B., Associate Judge.
The appellant was convicted of murder in the first degree on January 11, 1974. Among other assignments of error, the appellant seeks reversal of the trial court’s decision in allowing a taped statement of the defendant into evidence, contending the trial court did not make an unequivocal and explicit .finding of voluntariness as required by McDole v. State, Sup.Ct.Fla.1973, 283 So. 2d 553.
While we agree the trial court did not state into the record the unequivocal and explicit words, the evidence before the court clearly showed the appellant’s objections to admission of the tape into evidence were without merit. There was no evidence on the proffer of the tape to controvert the officer’s testimony or to even draw an issue to be resolved by an explicit and unequivocal finding of voluntariness.
The ruling of the court in the context of the evidence presented clearly implied a finding of voluntariness. See Wilson v. State, Sup.Ct.Fla.1974,304 So. 2d 119. The other points raised by the appellant have been considered by the court and deemed to be without merit.
Affirmed.
RAWLS, C. J., and McCORD, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Anton Kevin Peterson v. State, 382 So. 2d 701 (Fla. 1980)…strates the confusion generated by McDole v. State, 283 So. 2d 553 (Fla.1973), and Wilson v. State, 304 So. 2d 119 (Fla. 1974). See Green v. State, 363 So. 2d 188 (Fla.lst DCA 1978); Pitts v. State, 335 So. 2d 367 (Fla.lst DCA 1976); Leigh v. State, 312 So. 2d 464 (Fla.lst DCA 1975); Husk v. State, 305 So. 2d 19 (Fla.lst DCA 1974); Bunch v. State, 303 So. 2d 705 (Fla. 1st DCA 1974); Trolinger v. State, 300 So. 2d 310 (Fla.2d DCA 1974); Hester v. State, 357 So. 2d 481 (Fla.3d DCA 1978); Phelps v. State, 353 So…
Authorities Cited
- McDOLE v. State, 283 So. 2d 553 (Fla. 1973)
- Wilson v. State, 304 So. 2d 119 (Fla. 1974)