From Casetext: Smarter Legal Research

Hester v. State

District Court of Appeal of Florida, Third District
Apr 18, 1978
357 So. 2d 481 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-1113.

April 18, 1978.

Appeal from the Circuit Court, Dade County, Wilkie D. Ferguson, Jr., J.

Bennett H. Brummer, Public Defender and Kurt Marmar, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and PEARSON, J., and CHARLES CARROLL (Ret.), Associate Judge.


Defendant was adjudged guilty after a jury verdict of trespass. On this appeal, he claims error upon the admission of his confession without a specific finding by the court that the confession was voluntarily given. See McDole v. State, 283 So.2d 553 (Fla. 1973). Error is not presented for the reasons set out in Wilson v. State, 304 So.2d 119 (Fla. 1974). See also Von Horn v. State, 334 So.2d 43 (Fla. 3d DCA 1976).

A second point as to the scope of cross-examination does not present error.

Affirmed.


Summaries of

Hester v. State

District Court of Appeal of Florida, Third District
Apr 18, 1978
357 So. 2d 481 (Fla. Dist. Ct. App. 1978)
Case details for

Hester v. State

Case Details

Full title:LEROY HESTER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 18, 1978

Citations

357 So. 2d 481 (Fla. Dist. Ct. App. 1978)

Citing Cases

Peterson v. State

Art. V., § 3(b)(3), Fla. Const. The district court has cited only three cases which conflict with its…

Kimble v. State

However, such a denial is sufficiently specific when the defendant does not allege coercion. Wilson v. State,…