FLETCHER EVERETT, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Fletcher Everett appeals his conviction for uttering a forged instrument and petit larceny, challenging the admission of handwriting exemplars obtained after police compelled him to appear at the station. The court affirmed, finding the exemplars were voluntarily given and the trial court properly denied his motion to suppress.
The court held that defendant voluntarily came to the police station and voluntarily gave handwriting exemplars, and that the trial court properly denied the motion to suppress because substantial competent evidence supported the trial court's determination that the exemplars were given voluntarily.
[1] A trial court's determination of the voluntariness of consent to provide handwriting exemplars is a question of fact that will not be disturbed on appeal if supported by…
[2] A defendant's voluntary appearance at a police station to discuss a case, even after a request from an officer who mentioned the possibility of an arrest warrant, does no…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The contention that defendant was compelled to come to the police station as a result of his telephone conversation with Officer Nelson is nothing more than mere speculation, and we conclude that defendant voluntarily went to the police station and gave samples of his handwriting to Officer Hughes.”
Establishes the court's finding that defendant's appearance was voluntary despite the officer's warning about an arrest warrant.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOfficer Nelson telephoned defendant and requested he come to the police station to discuss a case, warning that failure to appear could result in an a…
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PER CURIAM.
This appeal is taken by defendant, Fletcher Everett, from a conviction of uttering a forged instrument and petit larceny.
Defendant first urges as reversible error the trial court permitting the prosecution to introduce into evidence handwriting exemplars obtained from him after he had been compelled to appear at the police station prior to the filing of formal charges in violation of his right to be free from unreasonable seizure of his person.
The underlying issue of fact is whether these handwriting exemplars were obtained by coercion or were voluntarily given by the defendant. At the trial, defense counsel moved to suppress the handwriting exemplars on the ground of coercion. A hearing was held outside the presence of the jury and the record reflects that Officer Nelson, the lead investigator, telephoned the defendant and requested that he and his wife come down to the police station to discuss the case. Nelson also informed defendant that if he did not come, he would continue his investigation which could be the cause to have an arrest warrant issued for him. Subsequently, defendant and his wife did come to the station; however, since Nelson was on vacation, Officer Hughes advised defendant of his constitutional rights (since he was a suspect) and then discussed the case with him. Defendant and his wife also gave Hughes handwriting exemplars. Hughes denied making any threats or promises to them in obtaining the exemplars. Defendant did not testify and the trial court denied the motion to suppress.
The contention that defendant was compelled to come to the police station as a result of his telephone conversation with Officer Nelson is nothing more than mere speculation, and we conclude that defendant voluntarily went to the police station and gave samples of his handwriting to Officer Hughes. Cf. U. S. v. Brunson, 549 F. 2d 348 (5th Cir. 1977). Further, the determination of the voluntariness of the consent given by the defendant was a question of fact initially for the trial court to decide. There being substantial competent evidence to support the court’s determination of voluntariness, we will not disturb this denial of the motion to suppress on appeal. See Gerrard v. State, 345 So. 2d 849 (Fla. 3d DCA 1977).
We also considered defendant’s remaining points on appeal and find no merit therein.
Affirmed.
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Smith v. State, 378 So. 2d 281 (Fla. 1979)…to the trial court. McNamara v. State, 357 So. 2d 410 (Fla.1978). Our inquiry in this case is confined to whether there was competent evidence to support the court’s ruling that appellant freely consented to the breathalyzer test. Everett v. State, 353 So. 2d 648 (Fla.3d DCA 1977); Gerrard v. State, 345 So. 2d 849 (Fla.3d DCA 1977). At the hearing on the motion to suppress, the testimony revealed that when appellant refused to take the test, Officer Fidler of the Florida Highway Patrol told him that “if he…
Authorities Cited
- United States v. Brunson, 549 F.2d 348 (5th Cir. 1977)
- Crezencia Gerrard v. State, 345 So. 2d 849 (Fla. 3d DCA 1977)