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KESSLER v. STATE

No. 4D07-1386.

991 So.2d 1015 (2008)

Kevin Horst KESSLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 8, 2008.

Attorney(s) appearing for the Case

Fred Haddad of Fred Haddad, P.A., Fort Lauderdale, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Jeanine M. Germanwicz, Assistant Attorney General, West Palm Beach, for appellee.

TAYLOR, J.

The defendant appeals his convictions for trafficking in cocaine and conspiracy to traffic in cocaine. He contends that the trial court erred in admitting into evidence a tape recording of a phone call that he made to his alleged drug source upon the request of law enforcement officers while in custody without adequate Miranda1 warnings. We agree and reverse.

The defendant was charged by information with trafficking...

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