ALBERT JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Albert Jones appeals his conviction for second-degree murder, challenging the admission of his statements and confessions at trial, as well as the trial court's jury instruction that second-degree murder was a capital offense. The appellate court affirmed the conviction, finding no reversible error in the admission of the defendant's freely and voluntarily made statements or in other trial proceedings.
The trial court committed no reversible error in admitting Jones's statements and confessions, as they were made freely and voluntarily and, where appropriate, after Jones was fully advised of his legal rights. No reversible error was demonstrated in the trial court's denial of motions for mistrial and acquittal or in the jury instruction regarding second-degree murder. The record showed a full and fair trial with no harmful or prejudicial error.
[1] Statements and confessions are admissible into evidence if they are made freely and voluntarily, and after the defendant has been fully advised of their legal rights.
[2] A trial court does not commit reversible error by admitting statements or confessions if they were made freely, voluntarily, and after proper advisement of rights.
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Join FLexlaw to unlock all legal intelligence“Each of them was made freely, voluntarily, and, where appropriate, after appellant was fully advised of his legal rights.”
Establishes the court's finding that the statements and confessions were admissible because they met the constitutional standards for voluntary waiver of rights.
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Join FLexlaw to unlock all legal intelligenceOn March 26, 1975, Jones was tried before a jury on a charge of second-degree murder. The jury returned a guilty verdict, and the trial court sentence…
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HENDRY, Judge.
Appellant, defendant below, appeals from a judgment and sentence for murder in-the second degree.
On March 26, 1975, appellant was tried before a jury on a one count charge of second degree murder. The jury returned a verdict of guilty as charged and, accordingly, the trial court entered its judgment of guilty and sentenced appellant to ten years confinement at hard labor in the Florida State Penitentiary. From this judgment and sentence dated May 8, 1975, appellant appeals.
Appellant contends that the trial court erred in entering the judgment and sentence because during the trial certain statements and confessions made by him were admitted into evidence over his timely objections and motions to suppress them. Also, appellant contends that the trial court erred in denying his motions for mistrial and acquittal. Additionally, appellant contends that the trial court committed fundamental error by instructing the jury that second degree murder was a capital offense.
Appellee, prosecution below, contends that appellant has failed to demonstrate any reversible error in the trial court’s admission into evidence of his various statements and confessions because they were found to be freely and voluntarily made. Appellee also contends that appellant has failed to demonstrate any reversible error in regard to the trial court’s jury charge stating that second degree rriurder was a capital offense.
After a careful review of the record in the instant appeal, we are of the opinion that the trial court did not commit any reversible error by admitting into evidence the statements or confessions complained of by appellant. Each of them was made freely, voluntarily, and, where appropriate, after appellant was fully advised of his legal rights. See Michigan v. Mosley, 423 U.S. 96, 96 S.Ct. 321, 46 L.Ed.2d 313, 44 U.S.L.W. 4015 (1975); Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L. Ed.2d 694 (1966); McDole v. State, Fla. 1973, 283 So. 2d 553; Ashley v. State, Fla. 1972, 265 So. 2d 685; Fowler v. State, Fla. 1972, 263 So. 2d 202; Simmons v. State, Fla.App.1969, 227 So. 2d 84; Reynolds v. State, Fla.App.1969, 222 So. 2d 246; Cameron v. State, Fla.App.1968, 214 So. 2d 370; Foreman v. State, Fla.App.1968, 213 So. 2d 754; and Barton v. State, Fla.App.1966, 193 So. 2d 618.
The other points raised on appeal by appellant are also without merit. The record shows that he had a full and fair trial and no harmful or prejudicial error has been shown. See Yost v. State, Fla. App.1971, 243 So. 2d 469; Blatch v. State, Fla.App.1968, 216 So. 2d 261; Sections 59.-041 and 924.33, Fla.Stat., F.S.A.; and Rule 3.390(e), Florida Rules of Criminal Procedure, 33 F.S.A.; and Rule 6.7(g), Florida Appellate Rules, 32 F.S.A. We have considered the record, all points in the briefs and arguments of counsel in the light of the controlling principles of law, and have concluded that no reversible error has been demonstrated. Therefore, for the reasons stated and upon the authorities cited, the judgment of guilt and sentence appealed are affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (13 total)
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Michigan v. Mosley, 423 U.S. 96 (U.S. 1975)
- Yost v. State, 243 So. 2d 469 (Fla. 3d DCA 1971)
- McDOLE v. State, 283 So. 2d 553 (Fla. 1973)
- Ashley v. State, 265 So. 2d 685 (Fla. 1972)
- Barton v. State, 193 So. 2d 618 (Fla. 2d DCA 1966)
- Blatch v. State, 216 So. 2d 261 (Fla. 3d DCA 1968)
- Reynolds v. State, 222 So. 2d 246 (Fla. 3d DCA 1969)
- Foreman v. State, 213 So. 2d 754 (Fla. 1st DCA 1968)
- Hershel Ray Cameron v. State, 214 So. 2d 370 (Fla. 2d DCA 1968)