STATE v. DANIELS

No. 80-676.

400 So.2d 498 (1981)

STATE of Florida, Appellant, v. Robin Lee DANIELS, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 9, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellant.

James K. Freeland, Orlando, for appellee.


SHARP, Judge.

The State appeals an order granting Daniels' motion to suppress a written statement made by him under oath before a deputy sheriff and in response to an investigative subpoena issued by the State Attorney pursuant to section 27.04, Florida Statutes (1979).

Daniels was being prosecuted for perjury based on the statement which was suppressed. He argues the statement should have been suppressed because the deputy failed to give him any Miranda...

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