BERNARD WALKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed conviction for child abuse where defendant's confession was admissible despite trial court's failure to make express voluntariness finding, as the record showed no coercion and the denial of the suppression motion implied voluntariness.
A trial court's denial of a motion to suppress a confession, without express voluntariness findings, is harmless error when the record shows the defendant was read his rights, signed an acknowledgment, and there is no evidence of coercion.
[1] A trial court's implicit determination of confession voluntariness through denial of a suppression motion, supported by evidence that the defendant was read his rights an…
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Join FLexlaw to unlock all legal intelligenceBernard Walker was convicted by jury of torturing or unlawfully punishing a child and sentenced to ten years in prison. Walker was read his Miranda ri…
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PER CURIAM.
Bernard Walker was tried by jury, convicted and sentenced to ten years in the state penitentiary for torturing or unlawfully punishing a child.
As his point on appeal, Walker suggests error in the trial court’s denial of his motion to suppress a confession, without making an express finding as to voluntariness. Originally, we relinquished jurisdiction of this cause to the trial court to make an ex press finding as to voluntariness; Walker v. State, Fla.App.1975, 311 So. 2d 768; however, the trial judge is no longer on the bench.
We have, therefore, again taken jurisdiction and have examined the entire record which shows that Walker was read his rights, and that he signed a document stating that he was advised of his rights and that he understood them. There was no evidence adduced which amounts to a charge of coercion or coercion. In the absence of any evidence or contention of coercion, when considering the total record on appeal, which clearly indicates that the trial court had, in fact, deter'mined that the confession was voluntary by virtue of his denial of the motion to suppress, the error suggested is without merit and, at most, harmless error. Accord: Bunch v. State, Fla.App.1974, 303 So. 2d 705; Wilson v. State, Fla.1974, 304 So. 2d 119.
Affirmed.
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Citator
Cited By
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Anton Kevin Peterson v. State, 382 So. 2d 701 (Fla. 1980)…05 (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. 2d 1221 (Fla.3d DCA 1977); Von Horn v. State, 334 So. 2d 43 (Fla.3d DCA 1976); Walker v. State, 319 So. 2d 642 (Fla.3d DCA 1975); Walker v. State, 311 So. 2d 768 (Fla.3d DCA 1975); Graham v. State, 292 So. 2d 373 (Fla.3d DCA 1974); Smith v. State, 288 So. 2d 522 (Fla.3d DCA 1974); Knight v. State, 373 So. 2d 52 (Fla.4th DCA 1979); Bul-lard v. State, 358 So.…
Authorities Cited
- Wilson v. State, 304 So. 2d 119 (Fla. 1974)
- Bunch v. State, 303 So. 2d 705 (Fla. 1st DCA 1974)
- The State of Fla. on the relation of Shirley F. McEWEN v. The Honorable Harold S. Smith, 311 So. 2d 768 (Fla. 2d DCA 1975)
- Walker v. State, 311 So. 2d 768 (Fla. 3d DCA 1975)