Montgomery v. State

District Court of Appeal of Florida

Montgomery v. State

435 So. 2d 968, 1983 Fla. App. LEXIS 22397

CourtDistrict Court of Appeal of Florida

DecidedAugust 9, 1983

DocketNo. 82-929

StatusPublished

Cited by1 cases

This text of 435 So. 2d 968 (Montgomery 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.

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Montgomery v. State, 435 So. 2d 968, 1983 Fla. App. LEXIS 22397 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

The defendant Diamond Derek Montgomery appeals his conviction and sentence entered below for the crime of first degree murder. The sole point on appeal is that the trial court erred “in ruling that the defendant’s [oral] confession [to the police] was knowingly and voluntarily made” and in thereafter admitting the said statement in evidence over proper defense objection. We have carefully reviewed the testimony in the record in this case and have concluded that there was sufficient evidence upon which the trial court could have concluded, as it did, that the defendant’s statement herein was freely and voluntarily given. See Stone v. State, 378 So.2d 765, 769-70 (Fla.1979). The judgment of conviction and sentence under review is, accordingly,

Affirmed.

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PER CURIAM.

The defendant Diamond Derek Montgomery appeals his conviction and sentence entered below for the crime of first degree murder. The sole point on appeal is that the trial court erred “in ruling that the defendant’s [oral] confession [to the police] was knowingly and voluntarily made” and in thereafter admitting the said statement in evidence over proper defense objection. We have carefully reviewed the testimony in the record in this case and have concluded that there was sufficient evidence upon which the trial court could have concluded, as it did, that the defendant’s statement herein was freely and voluntarily given. See Stone v. State, 378 So.2d 765, 769-70 (Fla.1979). The judgment of conviction and sentence under review is, accordingly,

Affirmed.

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435 So. 2d 968, 1983 Fla. App. LEXIS 22397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-state-fladistctapp-1983.

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