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State v. Brown

District Court of Appeal of Florida, Second District
Apr 28, 1972
261 So. 2d 186 (Fla. Dist. Ct. App. 1972)

Opinion

No. 71-766.

April 28, 1972.

Interlocutory Appeal from the Circuit Court, Pasco County; Richard Kelly, Judge.

Robert L. Shevin, Atty. Gen., and Michael M. Corin, Asst. Atty. Gen., Tallahassee, for appellant.

Joseph F. McDermott, St. Petersburg, for appellee.


The trial judge suppressed a statement taken from Brown in the Hillsborough County jail, on the ground that Brown was at the time represented by the Public Defender, who was not notified of the interrogation. Full Miranda warnings were given. Williams v. State, Fla.App.2d 1966, 188 So.2d 320, would support the trial judge's ruling, but since that decision the Supreme Court has allowed a confession taken from a defendant represented by counsel who was in fact waiting in the lobby of the jail to see his client at the conclusion of the interrogation. State v. Craig, Fla. 1970, 237 So.2d 737. We must therefore reverse and remand for reconsideration in the light of Craig.

PIERCE, C.J., and LILES, J., concur.


Summaries of

State v. Brown

District Court of Appeal of Florida, Second District
Apr 28, 1972
261 So. 2d 186 (Fla. Dist. Ct. App. 1972)
Case details for

State v. Brown

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. JOHN SYLVESTER BROWN, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 28, 1972

Citations

261 So. 2d 186 (Fla. Dist. Ct. App. 1972)

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