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Smith v. State

District Court of Appeal of Florida, First District
Dec 1, 1982
422 So. 2d 1065 (Fla. Dist. Ct. App. 1982)

Opinion

No. AJ-438.

December 1, 1982.

Appeal from the Circuit Court, Duval County, A.C. Soud, Jr., J.

Carroll Cayer, Jacksonville, for appellant.

Jim Smith, Atty. Gen., and John W. Tiedemann, Asst. Atty. Gen., Tallahassee, for appellee.


We affirm appellant's conviction and sentence for robbery, noting that there was no appealable conviction and sentence for conspiracy to commit robbery. Section 924.06(1), Fla. Stat. (1981); Fla.R.App.P. 9.140(b)(1). In rejecting appellant's attack upon the warrantless arrest, we adhere to Barfield v. State, 396 So.2d 793, 795 (Fla. 1st DCA 1981), and disagree with State v. Doherty, 240 So.2d 332 (Fla. 4th DCA 1970), to the extent that Doherty holds that the State, demonstrating the veracity of hearsaid information relied on for an arrest, must show both the credibility of the informant and the reliability of his information. Proving veracity, as Barfield demonstrates, is by one means or the other, not both. Nor on this record can we find that appellant involuntarily confessed as a result of improper inducements by an interrogator. It is not per se an unlawful inducement to promise to notify parole authorities, or the prosecutor, or the court, of the accused's cooperation under questioning. Bova v. State, 392 So.2d 950 (Fla. 4th DCA 1980), modified on other grounds, 410 So.2d 1343 (Fla. 1982); see also State v. Williams, 358 So.2d 1094 (Fla. 1st DCA 1978); but see Fillinger v. State, 349 So.2d 714 (Fla. 2d DCA 1977), cert. den., 374 So.2d 101 (Fla. 1979). Here the record as a whole does not compel a finding that appellant's confession was involuntary. No other error appears.

AFFIRMED.

McCORD and MILLS, JJ., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, First District
Dec 1, 1982
422 So. 2d 1065 (Fla. Dist. Ct. App. 1982)
Case details for

Smith v. State

Case Details

Full title:MICHAEL RAYE SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 1, 1982

Citations

422 So. 2d 1065 (Fla. Dist. Ct. App. 1982)

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