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Wencel v. State

District Court of Appeal of Florida, Fourth District
Jul 28, 1999
737 So. 2d 630 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-4110.

Opinion filed July 28, 1999.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Robert A. Hawley, Judge; L.T. No. 98-319 CF.

Richard L. Jorandby, Public Defender, and Steven H. Malone, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


Appellant challenges the denial of his motion to suppress statements he made concerning charges of burglary and dealing in stolen property. We affirm on the authority of Hindenberger v. State, 581 So.2d 633 (Fla. 4th DCA 1991), which held that the investigating officer's attempt to initially establish rapport with defendant prior to giving Miranda warnings did not taint portions of defendant's statement made after warnings were given.

Similarly, in this case, we cannot conclude that the detective's initial pre- Miranda conversation with appellant involved any coercive or improper police tactics, rendering appellant's post- Miranda confession inadmissable.

WARNER, C.J., SHAHOOD and TAYLOR, JJ., concur.


Summaries of

Wencel v. State

District Court of Appeal of Florida, Fourth District
Jul 28, 1999
737 So. 2d 630 (Fla. Dist. Ct. App. 1999)
Case details for

Wencel v. State

Case Details

Full title:TIMOTHY WENCEL, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 28, 1999

Citations

737 So. 2d 630 (Fla. Dist. Ct. App. 1999)