Florida District Courts of Appeal, 1973

Patterson v. State

Florida District Courts of Appeal · Decided May 11, 1973 · Cross, Owen, Reed

277 So. 2d 587; 1973 Fla. App. LEXIS 6778 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Evenson v. State (Fla. Dist. Ct. App. 1973)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Dissenting Opinion

CROSS, Judge

(dissenting).

I respectfully dissent. Appellant was charged by information with second degree murder, tried by jury and convicted of manslaughter, adjudged guilty by the court with imposition of sentence.

On appeal appellant contends that the trial court erred in admitting certain statements into evidence which was obtained from her after she was in custody and having made known her desire for assistance of counsel; that the trial court erred in not instructing the jury on lesser included offenses.

I would reverse and remand for a new trial relying on Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 1966, as to the first contention, and Brown v. State, 206 So.2d 377, Fla.1968, as to the second contention.

Opinion of the Court

PER CURIAM.

Affirmed.

REED, C. J., and OWEN, J., concur. CROSS, J., dissents with opinion.

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