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CASO v. STATE

No. 85-1538.

501 So.2d 646 (1986)

Rigoberto CASO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 18, 1987.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Lisa M. Berlow-Lehner, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellee.

Before BASKIN and DANIEL S. PEARSON and FERGUSON, JJ.

DANIEL S. PEARSON, Judge.

This case presents the question whether the confession of a defendant in custody1 must be suppressed where the Miranda warnings given to the defendant preceding his questioning omitted any mention of the defendant's right to appointed counsel if he could not afford an attorney.

Although courts of this state once believed that such an omission was fatal to the admissibility of a confession, see...

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