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STATE v. SULLIVAN

No. 5D06-3316.

962 So.2d 389 (2007)

STATE of Florida, Appellant, v. Justin Wade SULLIVAN, Appellee.

District Court of Appeal of Florida, Fifth District.

August 10, 2007.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Henry T. Swann, III, Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

The State of Florida appeals an order suppressing Justin Wade Sullivan's confession to the charge of capital sexual battery. Following an evidentiary hearing, the trial court considered the totality of the circumstances and ruled that the State failed to meet its burden of establishing that Sullivan's confession was voluntary. A trial court's ruling on the voluntariness of a confession will not be overturned unless clearly erroneous. E.g., Bonifay v...

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