STATE v. GARCIA

No. 80-1851.

422 So.2d 926 (1982)

The STATE of Florida, Appellant, v. Luis GARCIA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 13, 1982.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., for appellant.

F. Lee Bailey, Boston, Mass., Sams, Gerstein & Ward and Richard E. Gerstein and Paul M. Rashkind, Miami, for appellee.

Before HENDRY and BASKIN, JJ., and LETTS, GAVIN K., Associate Judge.


BASKIN, Judge.

Defendant Luis Garcia sought to suppress his statement confessing to the first-degree murder of Maria Ripoll. The motion was denied and the case proceeded to trial before a jury. When the jury could not agree upon a verdict, the court declared a mistrial. Garcia filed another motion to suppress. The original judge had been transferred and a new judge was assigned to hear the case. Counsel for the state and for the defense attempted to stipulate with...

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