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BALFOUR v. STATE

No. 3D99-1466.

768 So.2d 1227 (2000)

Anthony Lloyd BALFOUR, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 4, 2000.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Lara J. Edelstein and Thomas Mielke, Assistant Attorneys General, for appellee.

Before SCHWARTZ, C.J., and FLETCHER and SHEVIN, JJ.

FLETCHER, Judge.

Anthony L. Balfour was charged with first-degree murder, attempted second-degree murder, and armed burglary. Prior to trial, the defense moved to suppress Balfour's confession and certain physical evidence discovered pursuant to a consent search of Balfour's home. The defense argued that Balfour is of low I.Q. and nearly illiterate, thus neither voluntarily waived his Miranda rights nor truly consented to the search. In support of its argument...

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