Opinion
No. 4-86-2961.
December 2, 1987. Rehearing Denied January 21, 1988.
Appeal from the Circuit Court for Okeechobee County; John E. Fennelly, Judge.
Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Barry Weisman, Asst. Atty. Gen., West Palm Beach, for appellee.
AFFIRMED
HERSEY, C.J., and DOWNEY, J., concur.
WALDEN, J., dissents with opinion.
Moises Santos was convicted of manslaughter and sentenced to seven years.
In my opinion, the trial court prejudicially erred in denying Santos' motion to suppress as to statements made by Santos while in custody, because the full Miranda warnings were not given and it was not shown by the State that Santos made an intelligent and knowing waiver as required by Miranda.
I would reverse.