State v. Lainez

Full title: The State of Florida, Appellant, v. Edelberto Lainez, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Dec 18, 2024

No. 3D23-0755 (Fla. Dist. Ct. App. Dec. 18, 2024)

Opinion

3D23-0755

12-18-2024

The State of Florida, Appellant, v. Edelberto Lainez, Appellee.

Ashley Moody, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellant. Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County Lower Tribunal No. F20-351, Lody Jean, Judge.

Ashley Moody, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellant.

Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for appellee.

Before LOGUE, C.J., and FERNANDEZ and SCALES, JJ.

PER CURIAM.

Affirmed. See Traylor v. State, 596 So.2d 957, 966 (Fla. 1992) ("Once a suspect has requested the help of a lawyer, no state agent can reinitiate interrogation on any offense throughout the period of custody unless the lawyer is present[.]"); Michigan v. Mosley, 423 U.S. 96, 104 (1975) (stating "that the admissibility of statements obtained after the person in custody has decided to remain silent depends under Miranda on whether his 'right to cut off questioning' was 'scrupulously honored.'" (quoting Miranda v. Arizona, 384 U.S. 436, 474, 479 (1966))).