Florida District Courts of Appeal, 1987

Santos v. State

Florida District Courts of Appeal · Decided December 2, 1987 · Downey, Hersey, Walden

518 So. 2d 310; 12 Fla. L. Weekly 2715; 1987 Fla. App. LEXIS 11232; 1987 WL 34554 (Southern Reporter, Second Series)

Dissenting Opinion

WALDEN, Judge,

dissenting.

Moisés Santos was convicted of manslaughter and sentenced to seven years.

In my opinion, the trial court prejudicially erred in denying Santos’ motion to suppress as to statements made by Santos while in custody, because the full Miranda warnings were not given and it was not shown by the State that Santos made an' intelligent and knowing waiver as required by Miranda.

I would reverse.

Opinion of the Court

PER CURIAM.

AFFIRMED

HERSEY, C.J., and DOWNEY, J., concur. WALDEN, J., dissents with opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.