DARRON O. WOODBERRY vs STATE OF FLORIDA

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

DARRON O. WOODBERRY,

Appellant/Cross-Appellee,

v. Case No. 5D21-2737 LT Case No. 2017-305027-CFDB

STATE OF FLORIDA,

Appellee/Cross-Appellant.

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Opinion filed April 28, 2023

Appeal from the Circuit Court for Volusia County, Matthew M. Foxman, Judge.

Jessica J. Travis, of DefendBrevard.com, Melbourne, for Appellant/Cross-Appellee.

Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee/Cross-Appellant.

PER CURIAM. AFFIRMED. See Shelly v. State, 262 So. 3d 1, 16–17 (Fla. 2018).

However, similar to what our sister court did in Penna v. State, 344 So. 3d

420, 442 (Fla. 4th DCA 2021), we reword and certify to the Florida Supreme

Court the following question of great public importance:

WHERE A DEFENDANT INITIALLY INVOKED HIS FIFTH AMENDMENT MIRANDA 1 RIGHTS BUT SUBSEQUENTLY REINITIATES CONTACT WITH LAW ENFORCEMENT, DOES LAW ENFORCEMENT AUTOMATICALLY VIOLATE THOSE RIGHTS BY GENERALLY REMINDING DEFENDANT OF HIS RIGHTS RATHER THAN FULLY RE-MIRANDIZING THE DEFENDANT?

WALLIS, EDWARDS and HARRIS, JJ., concur.

1 Miranda v. Arizona, 384 U.S. 436 (1966).