STATE v. MOORE

No. 87-3331.

530 So.2d 349 (1988)

STATE of Florida, Appellant, v. Gary Wayne MOORE, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 6, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Robert Mack, Asst. Public Defender, Bartow, for appellee.


SCHEB, Judge.

The state appeals the trial court's suppression of the defendant's confession in a burglary and sexual battery case. We find merit in the state's argument that misstatements and alleged suggestions of leniency made to the defendant by the interrogating officer during questioning did not invalidate the voluntariness of the confession. Accordingly, we reverse.

The defendant, who was not under arrest at the time, consented to accompany the officer...

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