COLQUITT v. STATE

No. 78-2407.

396 So.2d 1170 (1981)

Jeffrey COLQUITT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 14, 1981.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Peter Raben, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Susan Minor and Calianne P. Lantz, Asst. Attys. Gen., for appellee.

Before SCHWARTZ, NESBITT and BASKIN, JJ.


NESBITT, Judge.

The dispositive point on this appeal is whether the state established that the defendant's confession was freely and voluntarily obtained after he was in custodial restraint and had exercised his right to counsel. Finding that it did not, we reverse the defendant's judgment of conviction of first degree arson, order that his confession be suppressed, and remand the cause for a new trial.

The defendant worked at a hotel. He was under surveillance...

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