Calvin Weatherspoon v. State of Florida

District Court of Appeal of Florida

Calvin Weatherspoon v. State of Florida

194 So. 3d 341, 2015 Fla. App. LEXIS 9588, 2015 WL 3885725

CourtDistrict Court of Appeal of Florida

DecidedJune 24, 2015

Docket4D12-2775

StatusPublished

Cited by1 cases

This text of 194 So. 3d 341 (Calvin Weatherspoon v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Calvin Weatherspoon v. State of Florida, 194 So. 3d 341, 2015 Fla. App. LEXIS 9588, 2015 WL 3885725 (Fla. Ct. App. 2015).

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PER CURIAM.

We affirm the .convictions and sentences of appellant. As to his claim that the trial court erred in instructing the jury on attempted felony murder, we; have previously addressed this issue in the appeal of his codefendant. See Bell v. State, 152 So.3d 714 (Fla. 4th DCA 2014). As to his claim that his confession to the robbery should have been .suppressed because the detective continued tq)..question him after he stated that he wanted to contact a lawyer, we conclude that, his comments were equivocal and did not require the detective to cease questioning him. See Spivey v. State, 45 So.3d 51, 54 (Fla. 1st DCA 2010).

CIKLIN and GERBER, JJ., concur. WARNER, J., dissents with opinion.

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PER CURIAM.

We affirm the .convictions and sentences of appellant. As to his claim that the trial court erred in instructing the jury on attempted felony murder, we; have previously addressed this issue in the appeal of his codefendant. See Bell v. State, 152 So.3d 714 (Fla. 4th DCA 2014). As to his claim that his confession to the robbery should have been .suppressed because the detective continued tq)..question him after he stated that he wanted to contact a lawyer, we conclude that, his comments were equivocal and did not require the detective to cease questioning him. See Spivey v. State, 45 So.3d 51, 54 (Fla. 1st DCA 2010).

CIKLIN and GERBER, JJ., concur. WARNER, J., dissents with opinion.

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194 So. 3d 341, 2015 Fla. App. LEXIS 9588, 2015 WL 3885725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calvin-weatherspoon-v-state-of-florida-fladistctapp-2015.

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