5D07-2496 Michael Morin v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-2496

Case Date: 06/30/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

MICHAEL MORIN, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 3, 2008 Appeal from the Circuit Court for Seminole County, O. H. Eaton, Jr., Judge. James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Carlos A. Ivanor, Jr., Assistant Attorney General, Daytona Beach, for Appellee. CASE NO. 5D07-2496

PER CURIAM. Michael Morin appeals from his convictions for first degree murder and burglary of a dwelling with battery, arguing that admissions he made to police, which were introduced during his trial, were obtained in violation of his Miranda1 rights. We do not reach this issue, because we find that any error in the introduction of Morin's admission

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Miranda v. Arizona, 384 U.S. 436 (1966).

to police was harmless beyond a reasonable doubt in light of the evidence of his motive and opportunity to commit the crimes; the introduction into evidence of Morin's taped admission to his father; physical evidence pointing to Morin as the perpetrator (including spatters of the victim's blood found on the shorts that Morin was wearing when he was apprehended); and other evidence of Morin's guilt. See State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986). AFFIRMED.

PALMER, C.J., LAWSON and EVANDER, JJ., concur.

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