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STATE v. CARPENTER

No. 2D11-3515.

93 So.3d 429 (2012)

STATE of Florida, Appellant, v. Mark A. Dungan CARPENTER, Appellee.

District Court of Appeal of Florida, Second District.

July 11, 2012.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Tallahassee, and Helene S. Parnes and John M. Klawikofsky , Assistant Attorneys General, Tampa, for Appellant.

Andrea Flynn Mogensen of Law Office of Andrea Flynn Mogensen, P.A., Sarasota, and John Torraco of Law Office of John Torraco, P.L., Grove City, for Appellee.

CASANUEVA, Judge.

The State appeals the trial court's order suppressing the statements made by Mark A. Dungan Carpenter during an interview with members of the Sarasota County Sheriff's Office. The court ruled that law enforcement had Mr. Carpenter in custody and had failed to give him his Miranda1 warnings before eliciting his incriminating statements. Because we conclude that the trial court applied the incorrect legal standard...

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