Florida District Courts of Appeal, 2006

State v. Johnson

State v. Johnson
Florida District Courts of Appeal · Decided December 13, 2006 · Cope, Green, Schwartz
949 So. 2d 219; 2006 Fla. App. LEXIS 20781; 2006 WL 3615205 (Southern Reporter, Second Series)

State v. Johnson

Opinion of the Court

PER CURIAM.

The State appeals from an order which suppressed the appellee’s statement after he had invoked his Sixth Amendment right to counsel. Because, however, it is uncon-troverted that the appellee’s statement was spontaneous, and not “deliberately elicited” by the police, we reverse the trial court’s suppression of same. See State v. Delgadillo, 458 So.2d 20, 22 n. 2 (Fla. 3d DCA 1984), citing U.S. v. Henry, 447 U.S. 264, 100 S.Ct. 2183, 65 L.Ed.2d 115 (1980) and Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964).

Reversed and remanded for further proceedings.

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