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McGOEY v. STATE

No. 98-1138.

736 So.2d 31 (1999)

Terrance McGOEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 23, 1999.

Attorney(s) appearing for the Case

Andrew F. Rier, Miami, for appellant.

Robert A. Butterworth, Attorney General and Keith S. Kromash, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., GODERICH, and GREEN, JJ.

GREEN, J.

Terrance McGoey appeals his conviction and sentence for driving under the influence/manslaughter entered pursuant to a jury verdict. For the reasons which follow, we conclude that his purported pretrial stipulation with the state regarding his pre-Miranda statements made to the police was not binding. Accordingly, we reverse and remand for a new trial in which McGoey may seek the exclusion of his statements...

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