State v. RM

696 So. 2d 449, 1997 WL 361586
CourtDistrict Court of Appeal of Florida
DecidedJuly 2, 1997
Docket96-4026
StatusPublished

This text of 696 So. 2d 449 (State v. RM) 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
State v. RM, 696 So. 2d 449, 1997 WL 361586 (Fla. Ct. App. 1997).

Opinion

696 So.2d 449 (1997)

STATE of Florida, Petitioner,
v.
R.M., a child, Respondent.

No. 96-4026.

District Court of Appeal of Florida, Fourth District.

July 2, 1997
Rehearing Denied July 24, 1997.

*450 Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for petitioner.

Alan H. Schreiber, Public Defender, and Donald J. Cannarozzi, Assistant Public Defender, Fort Lauderdale, for respondent.

GROSS, Judge.

The state challenges an order suppressing evidence.[1] We deny certiorari, because when the record testimony is viewed under the proper standard for appellate review, there is sufficient evidence to support the trial court's ruling.

The state contests an order granting the defendant's motion to suppress statements. The primary focus of the defendant's motion in the trial court was a variation in the standard warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, reh'g denied sub nom, California v. Stewart, 385 U.S. 890, 87 S.Ct. 11, 17 L.Ed.2d 121 (1966). Before taking the defendant's statement, the investigating detective gave the defendant her Miranda warnings. Included in the warnings was the statement that "[a]nything you say can and will be used either for you or against you in a court of law." The basis of the motion was not only the discrepancy in the warnings given, but an attack on the voluntariness of the confession. See Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964); State v. Kettering, 483 So.2d 97 (Fla. 5th DCA), review denied, 494 So.2d 1153 (Fla.1986).

Three weeks after the motion hearing, the trial court's order granted the defendant's motion to suppress without any explanation or findings of fact. There is no requirement that such an order contain findings of fact or legal reasoning.

To review this type of order, an appellate court applies several principles. First, it interprets "the evidence and reasonable inferences and deductions in a manner most favorable to sustaining the trial court's ruling." Owen v. State, 560 So.2d 207, 211 (Fla.), cert. denied, 498 U.S. 855, 111 S.Ct. 152, 112 L.Ed.2d 118 (1990), receded from on other grounds, 696 So.2d 715 (Fla.1997); B.S. v. State, 548 So.2d 838 (Fla. 3d DCA 1989). This principle is especially important when reviewing a court's order on the voluntariness of a confession, since some of the factors that pertain to the issue—such as the emotional *451 maturity of the juvenile—are not apparent from a cold record.

Second, the reviewing court will presume that the trial court applied the correct law. See Jones v. State, 612 So.2d 1370, 1373 (Fla.1992), cert. denied, 510 U.S. 836, 114 S.Ct. 112, 126 L.Ed.2d 78 (1993). Third, even where a trial court's stated reasons for ruling are erroneous, an appellate court will affirm if the result is right but for the wrong reason. E.g., Howard v. State, 462 So.2d 31, 32 (Fla. 1st DCA 1984), review denied, 475 So.2d 694 (Fla.1985).

Contrary to the defendant's argument to the trial court, the detective's variation on the Miranda warnings did not automatically require suppression of the defendant's statements. In California v. Prysock, 453 U.S. 355, 101 S.Ct. 2806, 69 L.Ed.2d 696 (1981), the Supreme Court held that Miranda does not require a "talismanic incantation" to satisfy its requirements. Rather, all that is required is that the warnings be equivalent to those set out in Miranda and that they adequately convey the defendant's rights and options. Id. at 360-61, 101 S.Ct. at 2809-10.[2]

Our supreme court followed Prysock in State v. LeCroy, 461 So.2d 88 (Fla. 1984), cert. denied, 473 U.S. 907, 105 S.Ct. 3532, 87 L.Ed.2d 656 (1985), a case in which the Miranda warnings were followed by "refresher" advice; the interrogating officer told the suspect that "[t]his statement is taken primarily in order to refresh your memory at the time you may be called upon to testify, if and when this matter goes to court." Acknowledging Prysock`s rejection of a "talismanic incantation," the supreme court held that the deviation from Miranda must be viewed in the "totality of circumstances" to determine whether a statement was voluntarily given. Id. at 90.

Other than the glitch in the Miranda warning, there was testimony adduced at the hearing which would support the trial court's order. The defendant was fourteen years old. She was at home with her little sister when a detective arrested her for strong arm robbery. He handcuffed her, placed her in the patrol car and took her to the police station. At the station he took her to a brightly lit interrogation room. He did not call the defendant's mother prior to interrogation and did not tell the defendant that she could have her parent present with her during questioning. The defendant testified that the detective said that it would be in her best interest to give a statement because he would go to court and tell the judge that she had been cooperative. She said that she talked to the detective because her mother had previously told her that it is best to cooperate with people and to be polite to adults.

It has long been the law of this state that in order for a confession or an incriminating statement of a defendant to be admissible in evidence, it must be shown that the confession or statement was voluntarily made. E.g., Coffee v. State, 25 Fla. 501, 6 So. 493, 496 (1889). The burden of proof is on the state to establish voluntariness by a preponderance of the evidence. Kettering, 483 So.2d at 98. To determine the issue of voluntariness, the inquiry is

whether the confession was "free and voluntary; that is (it) must not be extracted by any sort of threats or violence, nor obtained by any direct or implied promises, however slight, nor by the exertion of any improper influence."

Brewer v. State, 386 So.2d 232, 235 (Fla.1980) (quoting Bram v. United States, 168 U.S. 532, 542-43, 18 S.Ct. 183, 187, 42 L.Ed. 568 (1897)).

Viewed in the light most favorable to the defendant, the totality of the circumstances surrounding the confession support the trial court's ruling that the confession was involuntary. See Frazier v. State, 107 So.2d 16 *452 (Fla. 1958); Bradley v. State, 356 So.2d 849 (Fla. 4th DCA), cert. denied, 360 So.2d 1247 (Fla.1978); M.D.B. v. State, 311 So.2d 399 (Fla. 4th DCA), cert. denied, 321 So.2d 555 (Fla.1975); Snipes v. State, 651 So.2d 108, 110-11 (Fla. 2d DCA 1995); Fillinger v. State, 349 So.2d 714 (Fla. 2d DCA 1977), cert. denied, 374 So.2d 101 (Fla.1979); B.S. v. State, 548 So.2d 838 (Fla. 3d DCA 1989). The dissent has impermissibly substituted its judgment for that of the trial court. See DeConingh v. State, 433 So.2d 501, 504 (Fla. 1983), cert. denied, 465 U.S. 1005, 104 S.Ct. 995, 79 L.Ed.2d 228 (1984).

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Related

Bram v. United States
168 U.S. 532 (Supreme Court, 1897)
Spano v. New York
360 U.S. 315 (Supreme Court, 1959)
Blackburn v. Alabama
361 U.S. 199 (Supreme Court, 1960)
Jackson v. Denno
378 U.S. 368 (Supreme Court, 1964)
Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
California v. Prysock
453 U.S. 355 (Supreme Court, 1981)
Howard v. State
462 So. 2d 31 (District Court of Appeal of Florida, 1984)
State v. Kettering
483 So. 2d 97 (District Court of Appeal of Florida, 1986)
State v. LeCroy
461 So. 2d 88 (Supreme Court of Florida, 1984)
Snipes v. State
651 So. 2d 108 (District Court of Appeal of Florida, 1995)
Brewer v. State
386 So. 2d 232 (Supreme Court of Florida, 1980)
State v. Pye
551 So. 2d 1237 (District Court of Appeal of Florida, 1989)
Lloyd v. State
440 S.W.2d 797 (Tennessee Supreme Court, 1969)
Fillinger v. State
349 So. 2d 714 (District Court of Appeal of Florida, 1977)
State v. Navarro
464 So. 2d 137 (District Court of Appeal of Florida, 1985)
Jones v. State
612 So. 2d 1370 (Supreme Court of Florida, 1992)
State v. Wright
662 So. 2d 975 (District Court of Appeal of Florida, 1995)
State v. Owen
696 So. 2d 715 (Supreme Court of Florida, 1997)
Frazier v. State
107 So. 2d 16 (Supreme Court of Florida, 1958)
Madkins v. State
184 N.W.2d 144 (Wisconsin Supreme Court, 1971)

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696 So. 2d 449, 1997 WL 361586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rm-fladistctapp-1997.