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Dameron v. State

559 So. 2d 101, 1990 Fla. App. LEXIS 2057, 1990 WL 33493
CourtDistrict Court of Appeal of Florida
DecidedMarch 28, 1990
DocketNo. 87-2429
StatusPublished

This text of 559 So. 2d 101 (Dameron v. State) 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.

Bluebook
Dameron v. State, 559 So. 2d 101, 1990 Fla. App. LEXIS 2057, 1990 WL 33493 (Fla. Ct. App. 1990).

Opinion

PER CURIAM.

We conclude it was error to admit the defendant’s statement to the law enforcement officers, the trial court having made an express finding that the defendant had requested counsel. See Long v. State, 517 So.2d 664 (Fla.1987), and DeConingh v. State, 433 So.2d 501 (Fla.1983).

We reject the state’s harmless error argument. It has not demonstrated beyond a reasonable doubt that this error did not contribute to the verdict or, that there is no reasonable possibility that the error affected the jury verdict. State v. Lee, 531 So.2d 133 (Fla.1988); State v. DiGuilio, 491 So.2d 1129 (Fla.1986). Accordingly, we reverse and remand for new trial.

GLICKSTEIN, DELL and GARRETT, JJ., concur.

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Related

Long v. State
517 So. 2d 664 (Supreme Court of Florida, 1987)
State v. Lee
531 So. 2d 133 (Supreme Court of Florida, 1988)
State v. DiGuilio
491 So. 2d 1129 (Supreme Court of Florida, 1986)
DeConingh v. State
433 So. 2d 501 (Supreme Court of Florida, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
559 So. 2d 101, 1990 Fla. App. LEXIS 2057, 1990 WL 33493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dameron-v-state-fladistctapp-1990.