King v. State

Full title: ELVIS TYRONE KING, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Mar 10, 1976

328 So. 2d 248 (Fla. Dist. Ct. App. 1976)

Opinion

No. Z-443.

March 10, 1976.

Appeal from Circuit Court, Taylor County; Royce Agner, Judge.

Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.

PER CURIAM.

As to appellant's attack upon the constitutionality of F.S. 39.02(5)(c), we affirm on authority of Johnson v. State, Sup.Ct. Fla. 1974, 314 So.2d 573 and Davis v. State, Sup.Ct.Fla. 1974, 297 So.2d 289.

Appellant's second point is an attack upon the taped confession. We find that point to be without merit, finding that the authorities substantially met the requirements of Miranda v. Arizona, 384 U.S. 436, 469, 470, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

Affirmed.

BOYER, C.J., and McCORD, J., concur.

RAWLS, J., dissents.

RAWLS, Judge (dissenting).

It is my view that the constitutionality of Florida Statute 39.02(5)(c) was facially challenged and the trial judge held same to be constitutional; thus, pursuant to Article V of the Florida Constitution, this case should be transferred to the Supreme Court of Florida.