STATE v. JENKINS

No. 79-74.

383 So.2d 961 (1980)

STATE of Florida, Appellant, v. Otis JENKINS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 18, 1980.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Mary E. Marsden, Asst. Atty. Gen., West Palm Beach, for appellant.

Patrick C. Rastatter of Glass, Rastatter, Stark & Tarlowe, Fort Lauderdale, for appellee.


MOORE, Judge.

The State appeals the granting of a motion to suppress a statement given by the appellee after he had been advised of his constitutional rights three different times. We reverse.

At a lengthy hearing on the motion to suppress, the court stated that he didn't "know whether it was good or bad". He was apparently reflecting upon the circumstances surrounding the giving of the statement. Thereafter, the court stated that he would "lean toward the...

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