S.T.N. v. State

1 Citing case

  1. Rivera v. State

    547 So. 2d 140 (Fla. Dist. Ct. App. 1989)   Cited 11 times
    In Rivera v. State, 547 So.2d 140 (Fla.App. 1989), review denied, 558 So.2d 19 (Fla. 1990), the court held that the defendant's convictions for aggravated child abuse, aggravated battery, and attempted first-degree murder violated double jeopardy where all three charges arose out of the defendant's single act of choking an eleven-year-old child.

    Rivera also contends that the fact that he was given Miranda warnings when he arrived at the police station and again during the polygraph test does not render his confession admissible, as those warnings only related to admissions as to the incident the police were concerned with — Staci Jazvac. However, in S.T.N. v. State, 484 So.2d 616 (Fla. 4th DCA 1986), where the defendant was arrested for larceny, advised of his Miranda rights, and began to talk about a different larceny, this court rejected the defendant's argument that the police were obligated to stop him and readvise him of his Miranda rights as they pertained to the second larceny. Similarly, in Enriquez v. State, 449 So.2d 845 (Fla. 3d DCA), rev. denied, 459 So.2d 1040 (Fla. 1984), the court ruled that the testimony of the state's psychiatrist, who examined the defendant without informing him of his Miranda rights, was admissible, as prior to the interrogation by the police, the defendant had been advised of his Miranda rights and waived them.