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STATE v. JOHNSON

No. 3D06-1705.

949 So.2d 219 (2006)

STATE of Florida, Appellant, v. Wesley JOHNSON, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied March 15, 2007.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General and Paulette R. Taylor, Assistant Attorney General, for appellant.

Andrew F. Rier, Miami, for appellee.

Before COPE, C.J., and GREEN, J., and SCHWARTZ, Senior Judge.

Rehearing and Rehearing En Banc Denied March 15, 2007.

PER CURIAM.

The State appeals from an order which suppressed the appellee's statement after he had invoked his Sixth Amendment right to counsel. Because, however, it is uncontroverted that the appellee's statement was spontaneous, and not "deliberately elicited" by the police, we reverse the trial court's suppression of same. See State v. Delgadillo, 458 So.2d 20

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