06-1705 STATE V. JOHNSON

State: Florida

Court: Florida Third District Court

Docket No: 06-1705 STATE V. JOHNSON

Case Date: 12/13/2006

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2006

STATE OF FLORIDA, Appellant, vs. WESLEY JOHNSON, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 02-9316 CASE NO. 3D06-1705

Opinion filed December 13, 2006. An Appeal from the Circuit Court for Miami-Dade County, Barbara Areces, Judge. Charles J. Crist, Jr., Attorney General and Paulette R. Taylor, Assistant Attorney General, for appellant.

Andrew F. Rier, for appellee.

Before COPE, C.J., and GREEN, J., and SCHWARTZ, Senior Judge.

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 uncontroverted 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 (1980) and Massiah v. United States, 377 U.S. 201 (1964). Reversed and remanded for further proceedings.

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