MARTINEZ v. STATE

No. 88-1510.

545 So.2d 466 (1989)

Antonio MARTINEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 21, 1989.


Attorney(s) appearing for the Case

Richard, L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Diane E. Leeds, Asst. Atty. Gen., West Palm Beach, for appellee.


GUNTHER, Judge.

We reverse the conviction and sentence of appellant, Antonio Martinez, because the trial court erred in not granting Martinez' motion to suppress. The record demonstrates that Martinez' statements were not voluntarily made but were the product of coercion and intimidation. Viewing the evidence in its totality, the state failed to establish by a preponderance of the evidence that Martinez' confession was "the product of an essentially free and unconstrained...

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