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JOPPY v. STATE

No. 97-0187.

719 So.2d 316 (1998)

Calvin Brian JOPPY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 11, 1998.

Attorney(s) appearing for the Case

Nancy Daniels, Public Defender, and Michael A. Wasserman, Assistant Public Defender, Tallahassee, for Appellant.

Robert Butterworth, Attorney General, and Trina Kramer, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We sua sponte withdraw our previous opinion issued in this case and substitute the following opinion:

In this appeal from his judgment and sentence for burglary of a structure, Calvin Joppy argues that the trial court erred in denying his motion to suppress his verbal reply to a question by the arresting officer prior to Joppy receiving his Miranda1 rights. Under the narrow circumstances in this case,...

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