Florida District Courts of Appeal, 1990

Dameron v. State

Dameron v. State
Florida District Courts of Appeal · Decided March 28, 1990 · Dell, Garrett, Glickstein
559 So. 2d 101; 1990 Fla. App. LEXIS 2057; 1990 WL 33493 (Southern Reporter, Second Series)

Dameron v. State

Opinion of the Court

PER CURIAM.

We conclude it was error to admit the defendant’s statement to the law enforcement officers, the trial court having made an express finding that the defendant had requested counsel. See Long v. State, 517 So.2d 664 (Fla. 1987), and DeConingh v. State, 433 So.2d 501 (Fla. 1983).

We reject the state’s harmless error argument. It has not demonstrated beyond a reasonable doubt that this error did not contribute to the verdict or, that there is no reasonable possibility that the error affected the jury verdict. State v. Lee, 531 So.2d 133 (Fla. 1988); State v. DiGuilio, 491 So.2d 1129 (Fla. 1986). Accordingly, we reverse and remand for new trial.

GLICKSTEIN, DELL and GARRETT, JJ., concur.

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