Cox v. State

Full title: DEBORAH COX, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 28, 1987

506 So. 2d 53 (Fla. Dist. Ct. App. 1987)

Opinion

No. 85-2229.

April 28, 1987.

An Appeal from the Circuit Court for Monroe County; David P. Kirwan, Judge.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before BARKDULL, BASKIN and JORGENSON, JJ.

PER CURIAM.

Finding that the trial court's failure to exclude defendant's post- Miranda statement used by the state to rebut defendant's insanity defense falls within the prohibitions of Wainwright v. Greenfield, 474 U.S. 284, 106 S.Ct. 634, 88 L.Ed.2d 623 (1986), and State v. Burwick, 442 So.2d 944 (Fla.), cert. denied, 466 U.S. 931, 104 S.Ct. 1719, 80 L.Ed.2d 191 (1983), we reverse and remand for a new trial.

Reversed and remanded.