Holly v. State

District Court of Appeal of Florida

Holly v. State

651 So. 2d 707, 1995 Fla. App. LEXIS 777, 1995 WL 39882

CourtDistrict Court of Appeal of Florida

DecidedFebruary 3, 1995

DocketNo. 94-842

StatusPublished

This text of 651 So. 2d 707 (Holly 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

Holly v. State, 651 So. 2d 707, 1995 Fla. App. LEXIS 777, 1995 WL 39882 (Fla. Ct. App. 1995).

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Opinion

DAUKSCH, Judge.

This is an appeal from a conviction and sentence in an arson case. Appellant challenges the trial court’s finding that his confession to the crime was not coerced and voluntary. While there is no question the police lied to this appellant, kept him under questioning for some four hours, with intermittent breaks, and promised, untruthfully, to help find the murderer of his father, the decision of the trial judge, under all the circumstances of this case, is presumed correct. It will not be reversed. McNamara v. State, 357 So.2d 410 (Fla.1978).

This sentence raises the first appearance of “First Step” in a county in this district other than Volusia. That portion of the sentence is stricken. Fyler v. State, 645 So.2d 108 (Fla. 5th DCA 1994); McLeod v. State, 645 So.2d 116 (Fla. 5th DCA 1994); Sweet v. State, 644 So.2d 176 (Fla. 5th DCA 1994); Mittner v. State, 648 So.2d 139 (Fla. 5th DCA 1994); Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994); Murray v. State, 647 So.2d 313 (Fla. 5th DCA 1994); Avallone v. State, 646 So.2d 745 (Fla. 5th DCA 1994); Watson v. State, 641 So.2d 432 (Fla. 5th DCA 1994); Macon v. State, 639 So.2d 206 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So.2d 214 (Fla. 5th DCA 1994); Botts v. State, 634 So.2d 197 (Fla. 5th DCA 1994).

JUDGMENT AFFIRMED; SENTENCE AFFIRMED in part; VACATED in part.

COBB and THOMPSON, JJ., concur.

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DAUKSCH, Judge.

This is an appeal from a conviction and sentence in an arson case. Appellant challenges the trial court’s finding that his confession to the crime was not coerced and voluntary. While there is no question the police lied to this appellant, kept him under questioning for some four hours, with intermittent breaks, and promised, untruthfully, to help find the murderer of his father, the decision of the trial judge, under all the circumstances of this case, is presumed correct. It will not be reversed. McNamara v. State, 357 So.2d 410 (Fla.1978).

This sentence raises the first appearance of “First Step” in a county in this district other than Volusia. That portion of the sentence is stricken. Fyler v. State, 645 So.2d 108 (Fla. 5th DCA 1994); McLeod v. State, 645 So.2d 116 (Fla. 5th DCA 1994); Sweet v. State, 644 So.2d 176 (Fla. 5th DCA 1994); Mittner v. State, 648 So.2d 139 (Fla. 5th DCA 1994); Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994); Murray v. State, 647 So.2d 313 (Fla. 5th DCA 1994); Avallone v. State, 646 So.2d 745 (Fla. 5th DCA 1994); Watson v. State, 641 So.2d 432 (Fla. 5th DCA 1994); Macon v. State, 639 So.2d 206 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So.2d 214 (Fla. 5th DCA 1994); Botts v. State, 634 So.2d 197 (Fla. 5th DCA 1994).

JUDGMENT AFFIRMED; SENTENCE AFFIRMED in part; VACATED in part.

COBB and THOMPSON, JJ., concur.

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651 So. 2d 707, 1995 Fla. App. LEXIS 777, 1995 WL 39882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holly-v-state-fladistctapp-1995.

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