THE STATE OF FLORIDA, APPELLANT,
v.
MODESTO GUZMAN, APPELLEE
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The court held that statements made during plea negotiations and after the right to counsel attached were inadmissible.
The defendant made incriminating statements during a polygraph examination as part of plea negotiations and later admitted to a homicide detective aft…
The full statement of facts, procedural history, and disposition for this case are member content.
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SCHWARTZ, Senior Judge.
We agree with the trial court’s order suppressing both (a) the defendant’s in criminating statements during a polygraph examination conducted as a condition of ongoing plea negotiations, see § 90.410, Fla. Stat. (2007); Fla. R.Crim. P. 3.172(h); Richardson v. State, 706 So. 2d 1349 (Fla.1998); Anderson v. State, 420 So. 2d 574 (Fla.1982); Davis v. State, 842 So. 2d 989 (Fla. 1st DCA 2003); People v. Garcia, 169 P. 3d 223 (Colo.Ct.App.2007), cert. denied, No. 07SC521, 2007 WL 2822534 (Colo. Oct.01, 2007); see also United States v. Robertson, 582 F. 2d 1356 (5th Cir.1978) (en banc), and (b) his admission to a homicide detective made in contravention of his right to counsel under article I, section 16, Florida Constitution, which had previously attached under that aspect of Traylor v. State, 596 So. 2d 957 (Fla.1992), which provides that a defendant is entitled to counsel at the earliest of the following points: ... as soon as feasible after custodial restraint.
Id. at 970 (footnote omitted); see also United States v. Harrison, 213 F. 3d 1206 (9th Cir.2000); United States v. Medrano, 208 F. Supp. 2d 681 (W.D.Tex.2002); State v. Stanley, 754 So. 2d 869 (Fla. 1st DCA 2000).
Affirmed.
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Citator
Cited By
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Garrett Nunes v. State, 988 So. 2d 636 (Fla. 2d DCA 2008)…engaging in plea negotiations. Id. at 227. Thus, the polygraph test was part of the plea negotiations. Id. Finding the error was not harmless, the appeals court reversed and remanded the case for a new trial. Id. at 230-31; see also State v. Guzman, 979 So. 2d 1144 (Fla. 3d DCA 2008) (affirming trial court’s order suppressing statements during polygraph examination conducted as a condition of ongoing plea negotiations).5 Here, the trial court denied Mr. Nunes’s motions to suppress based on an erroneous view o…
Authorities Cited
- Traylor v. State, 596 So. 2d 957 (Fla. 1992)
- United States v. Robertson, 582 F.2d 1356 (5th Cir. 1978)
- Richardson v. State, 706 So. 2d 1349 (Fla. 1998)
- Anderson v. State, 420 So. 2d 574 (Fla. 1982)
- State v. Stanley, 754 So. 2d 869 (Fla. 1st DCA 2000)
- Davis v. State, 842 So. 2d 989 (Fla. 1st DCA 2003)