5D04-1565 Chad Barger v.State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-1565

Case Date: 03/20/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006

CHAD BARGER, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 24, 2006 Appeal from the Circuit Court for Brevard County, W. David Dugan, Judge. James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant. No Appearance for Appellee. CASE NO. 5D04-1565

LAWSON, J. Chad Barger, ("Barger"), appeals the judgments and sentences from two separate cases involving multiple offenses raising two issues on appeal. The material facts from the most recent case are as follows. In October 2001, Barger attacked a female manager of a Wendy's restaurant as she opened the store for business. He threw her to the floor, punched her until she lost consciousness, and dragged her to his car. He then drove to a secluded location where he raped her and

forced her to perform oral sex on him. After the sexual assault, Barger drove the victim back to the restaurant and forced her to turn over money from the business' safe. As soon as Barger left the restaurant, the victim called "911" and provided a description of Barger and his vehicle. Shortly thereafter, Barger was apprehended with the money stolen from the restaurant and the victim's bloody shirt in his possession. He was identified by the victim as her assailant both at the time of his apprehension, and at trial. After Barger's arrest, Detective Johnny Lawson and Detective Rory Nelson of the Melbourne Police Department interviewed him. relevant exchange occurred: Lawson: You have the right to remain silent. Anything you say can and will be used against you in a court. You have a right to talk with a lawyer for advice before we ask you any questions, and to have him present during the questioning. If you cannot afford a lawyer one will be appointed for you before any questioning if you wish. If you decide to answer the questions now without a lawyer being present, you still have a right to stop answering at any time. You also have a right to stop answering at any time until you talk to a lawyer. Do you understand these rights? During the interview, the following

Defendant: Yes. Lawson: Do you wish to speak with us without a lawyer being present?

Defendant: I want to know what I'm being charged with. Lawson: Sure, let me tell you about that, but are you willing to talk with us now without a lawyer being present?

Defendant: (Inaudible).

2

Lawson:

Is that a no or a yes?

Defendant: Yeah, Yeah. Lawson: You will talk now?

Defendant: Indicates. Lawson: Right now what we are doing is we are investigating a

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