PAUL R. DUNCAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant’s judgment and sentence are affirmed. Imtially we conclude that the trial court did not abuse its discretion by admitting a statement Appellant made in the course of taking a roadside sobriety test, notwithstanding the absence of the warnings required pursuant to Miranda v. Arizona, 384 U.S. 436, 478-79, 86 S.Ct. 1602, 1630, 16 L.Ed.2d 694 (1966). The tests were being admimstered following a routine traffic stop. Under the totality of the circumstances, the trial court did not err in determining the defendant was not “in custody.” E.g., State v. Burns, 20 Fla.L.Weekly D1942, — So. 2d - [1995 WL 502234] (Fla. 5th DCA August 25, 1995).
As to the second issue, we also find no error or abuse of discretion because the questioned comment by the prosecutor, made during final argument, was not a comment on Appellant’s right to remain silent and, in any event, was invited by the argument of defense counsel. Dufour v. State, 495 So. 2d 154, 160-61 (Fla.1986), cert. denied, 479 U.S. 1101, 107 S.Ct. 1332, 94 L.Ed.2d 183 (1987); White v. State, 377 So. 2d 1149 (Fla.1979).
GLICKSTEIN, STONE and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Evans, 692 So. 2d 305 (Fla. 4th DCA 1997)…appellee he was there to conduct a DUI investigation, the officer did not read appellee his Miranda rights before administering the roadside tests for DUI. The state contends affirmance is required as to these statements, based on Duncan v. State, 659 So. 2d 1283 (Fla. 4th DCA 1995), which relies on State v. Burns, 661 So. 2d 842 (Fla. 5th DCA 1995), dismissed, 676 So. 2d 1366 (Fla.1996). Those cases hold that a defendant subjected to a roadside testing for DUI during a routine traffic stop was not in custod…
Authorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- White v. State, 377 So. 2d 1149 (Fla. 1979)
- Dufour v. State, 495 So. 2d 154 (Fla. 1986)
- Henkel v. United States, 479 U.S. 1101 (U.S. 1987)
- Parker v. Illinois, 479 U.S. 1101 (U.S. 1987)