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Payne v. State

District Court of Appeal of Florida, Fourth District
Feb 2, 1994
630 So. 2d 235 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-1689.

February 2, 1994.

Appeal from the Circuit Court for Palm Beach County; Mary E. Lupo, Judge.

Joseph R. Atterbury of Atterbury, Goldberger and Richardson, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.


Affirmed. We conclude that the self-incriminating statements which defendant made freely and voluntarily after being given his Miranda rights were properly admitted in evidence. Colorado v. Spring, 479 U.S. 564, 107 S.Ct. 851, 93 L.Ed.2d 954 (1987). We also conclude that the prosecutor's comment was not an impermissible comment on defendant's right to remain silent, but was rather a proper comment on the above-mentioned pretrial statements.

WARNER, KLEIN and PARIENTE, JJ., concur.


Summaries of

Payne v. State

District Court of Appeal of Florida, Fourth District
Feb 2, 1994
630 So. 2d 235 (Fla. Dist. Ct. App. 1994)
Case details for

Payne v. State

Case Details

Full title:JEFFREY PAYNE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 2, 1994

Citations

630 So. 2d 235 (Fla. Dist. Ct. App. 1994)