Kilgore v. State

District Court of Appeal of Florida

Kilgore v. State

350 So. 2d 1144

CourtDistrict Court of Appeal of Florida

DecidedOctober 25, 1977

DocketNo. FF-295

StatusPublished

Cited by1 cases

This text of 350 So. 2d 1144 (Kilgore 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

Kilgore v. State, 350 So. 2d 1144 (Fla. Ct. App. 1977).

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Opinion

SMITH, Judge.

Appellant contends an inculpatory statement he gave to the police was inadmissible because he did not receive a first appearance before a judicial officer within 24 hours of his arrest as required by Fla.R. Crim.P. 3.130(b). Since one of the purposes of first appearance is to ensure the magistrate advises the defendant of his rights to silence and counsel, we would be inclined to agree with appellant if he had confessed more than 24 hours after his arrest. Here, however, appellant confessed less than 18 hours after his arrest. We see no reason why a subsequent failure to provide appellant with a timely first appearance should render an otherwise admissible confession inadmissible. Appellant does not contend he was not advised of his constitutional rights or that his confession was involuntary.

AFFIRMED.

BOYER, Acting C. J., and MILLS, J., concur.

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SMITH, Judge.

Appellant contends an inculpatory statement he gave to the police was inadmissible because he did not receive a first appearance before a judicial officer within 24 hours of his arrest as required by Fla.R. Crim.P. 3.130(b). Since one of the purposes of first appearance is to ensure the magistrate advises the defendant of his rights to silence and counsel, we would be inclined to agree with appellant if he had confessed more than 24 hours after his arrest. Here, however, appellant confessed less than 18 hours after his arrest. We see no reason why a subsequent failure to provide appellant with a timely first appearance should render an otherwise admissible confession inadmissible. Appellant does not contend he was not advised of his constitutional rights or that his confession was involuntary.

AFFIRMED.

BOYER, Acting C. J., and MILLS, J., concur.

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Bluebook (online)

350 So. 2d 1144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kilgore-v-state-fladistctapp-1977.

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