ALVIN WILLIE FULLARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that inculpatory statements obtained through a promise of non-prosecution are inadmissible.
Appellant pleaded nolo contendere to burglary, reserving the right to appeal the denial of his motion to suppress statements made to a detective. The …
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SMITH, Judge.
Appellant pleaded nolo contendere to a charge of burglary of a structure, reserving the right to appeal the trial court’s denial of his motion to suppress inculpatory statements. He contends the statements were obtained through a promise that he would not be prosecuted. We agree.
Appellant admitted his guilt after a detective investigating the theft of a lawn mower told appellant “if I get the lawn mower back there won’t be any problem.” This statement at least implied that if appellant confessed he would not be charged. The confession is therefore inadmissible. Frazier v. State, 107 So. 2d 16 (Fla.1958); Lawton v. State, 152 Fla. 821, 13 So. 2d 211 (1943); M. D. B. v. State, 311 So. 2d 399 (Fla. 4th DCA 1974), cert. den., 321 So. 2d 555 (Fla.1975); State v. Chorpenning, 294 So. 2d 54 (Fla. 2d DCA 1974).
This case is significantly different from Miles v. State, 303 So. 2d 86 (Fla. 1st DCA 1974). In Miles, the defendant was convicted on a jury verdict which the court found was supported by sufficient evidence other than the confession. Here appellant pleaded nolo contendere, and while other evidence adduced at the suppression hearing might support a jury verdict of guilty, it would also support a jury verdict of not guilty.
REVERSED and REMANDED.
BOYER, Acting C. J., and MILLS, J., concur.
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Brown v. State, 376 So. 2d 382 (Fla. 1979)…SUNDBERG, Justice. By petition for writ of certiorari, petitioner seeks review of the decision of the District Court of Appeal, Third District, reported at 355 So. 2d 138, which is alleged to be in conflict with Fullard v. State, 352 So. 2d 1271 (Fla. 1st DCA 1977). The issue presented is whether a criminal defendant, in order to plead nolo contendere and specifically reserve his right to appeal, must show that the legal issue reserved for appeal is dispositive of the case. We have jurisdic…
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Morgan v. State, 486 So. 2d 1356 (Fla. 1st DCA 1986)…ther conservative path. In Brown v. State, 376 So. 2d 382 (Fla.1979), the court held that an Ashby nolo plea is permissible only when the legal issue is dispositive of the case, expressly disapproving the contrary result reached in Fullard v. State, 352 So. 2d 1271 (Fla. 1st DCA 1977). Brown also held that “as a matter of law a confession may not be considered dispositive of the case.” In Martinez v. State, 368 So. 2d 338 (Fla.1979), the Court held that a trial court's pretrial ruling on requested jury instruc…
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Byron v. State of Fla. ex rel. Robert W. Schellenberg & Robert L. Shevin, 360 So. 2d 83 (Fla. 1st DCA 1978)…id not induce its employees to give the information sought by the action; and the information sought was simply the names and addresses of employees. . See Daniell v. Sherrill, 48 So. 2d 736, 739 (Fla.1950), and authorities cited; Fullard v. State, 352 So. 2d 1271 (Fla. 1st DCA 1977); McLaughlin v. Philadelphia Newspapers, Inc., 465 Pa. 104, 348 A. 2d 376 (1975); and the three-judge district court’s decision in Nixon v. Administrator of General Services, 408 F.Supp. 321, 359 (D.C.D.C.1976), which attributed m…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Frazier v. State, 107 So. 2d 16 (Fla. 1958)
- State v. Chorpenning, 294 So. 2d 54 (Fla. 2d DCA 1974)
- Lawton v. State, 152 Fla. 821 (Fla. 1943)
- Clark Johnston v. Dean, 311 So. 2d 399 (Fla. 4th DCA 1975)
- State v. In the Interest of M. D. B., 321 So. 2d 555 (Fla. 1975)
- Lanier v. Rizwan Ahmed, 321 So. 2d 555 (Fla. 1975)
- Horton Miles v. State, 303 So. 2d 86 (Fla. 1st DCA 1974)