Opinion
No. 3D06-1705.
December 13, 2006. Rehearing and Rehearing En Banc Denied March 15, 2007.
An Appeal from the Circuit Court for Miami-Dade County, Barbara Areces, Judge.
Charles J. Crist, Jr., Attorney General and Paulette R. Taylor, Assistant Attorney General, for appellant.
Andrew F. Rier, Miami, for appellee.
Before COPE, C.J., and GREEN, J., and SCHWARTZ, Senior Judge.
The State appeals from an order which suppressed the appellee's statement after he had invoked his Sixth Amendment right to counsel. Because, however, it is uncontroverted that the appellee's statement was spontaneous, and not "deliberately elicited" by the police, we reverse the trial court's suppression of same. See State v. Delgadillo, 458 So.2d 20, 22 n. 2 (Fla. 3d DCA 1984), citing U.S. v. Henry, 447 U.S. 264, 100 S.Ct. 2183, 65 L.Ed.2d 115 (1980) and Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964).
Reversed and remanded for further proceedings.