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STATE v. ALSTON

No. 98-2551.

733 So.2d 1158 (1999)

STATE of Florida, Appellant, v. Patrick Henry ALSTON, Appellee.

District Court of Appeal of Florida, Fifth District.

June 25, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Janet Brook Goodrich, Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

PETERSON and THOMPSON, JJ., concur.

HARRIS, J., dissents, with opinion.

HARRIS, J., dissenting.

I respectfully dissent.

Alston was in jail on an unrelated violation of probation charge when Officer Bellamy attempted to interrogate him on a potential sexual battery charge. When he was brought to the interrogation room, Bellamy indicated to him that she wanted to talk to him about "the girl he had sex with...

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