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BALTHAZAR v. STATE

No. 4-86-1413.

533 So.2d 955 (1988)

Benoit BALTHAZAR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 23, 1988.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm defendant's conviction and apply the preponderance of the evidence standard of proof for evaluating the voluntariness of the defendant's confession.

The preponderance of the evidence standard has been generally applied in Florida cases where the voluntariness of a defendant's confession is at issue. See McDole v. State, 283 So.2d 553 (Fla. 1973). We apply it here where the defendant is alleged...

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