DAY v. STATE

No. 4D08-4214.

29 So.3d 1178 (2010)

James DAY Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 10, 2010.


Attorney(s) appearing for the Case

Thomas L. Colter of Law Office of Thomas L. Colter, P.A., Stuart, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


LEVINE, J.

The issue presented in this case is whether the interrogating officer's constant promises became an improper inducement rendering appellant's statement involuntary. We find, based upon the totality of the circumstances, the confession is involuntary and due process requirements render the statement inadmissible.

Appellant was convicted of sexual battery and lewd or lascivious conduct. The victim, D.R., age fourteen, told her mother that appellant...

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