Duggins v. State
Duggins v. State
Opinion of the Court
Defendant appeals from a judgment of conviction entered on a plea of guilty to third degree murder, burglary with an assault or battery while armed, and the sale, manufacture, or delivery of a controlled substance. The trial court had denied defendant’s motion to suppress his inculpato-ry statements; defendant reserved the right to appeal the denial of that motion to suppress. We affirm.
Defendant was treated at Jackson Memorial Hospital for a gunshot wound in the hand and initially reported to police that he had simply been walking down the street when he felt a pain in his hand and saw that he was bleeding. After he was treated at the hospital, he agreed to accompany the officers to the police station to look at photographs and identify his assailants. He was not given Miranda warnings because when he was at the station, he was not in custody and was considered the victim of a crime, not a suspect. The investigating officers questioned defendant to clarify the details of the shooting and determine the exact address where the shooting occurred, as they were investigating other shootings in the vicinity. Defendant soon changed his account and placed himself at the scene of another homicide shooting that police were investigating, and admitted that he had been carrying a gun. At that point, the police informed him of his Miranda rights, and defendant initialed the form.
We likewise find no abuse of discretion in the trial court’s finding that defendant’s confession was freely and voluntarily given.
AFFIRMED.
Reference
- Full Case Name
- Larry DUGGINS v. The STATE of Florida
- Cited By
- 2 cases
- Status
- Published