KEVIN MCCLOUD, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
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PER CURIAM.
The question on appeal is whether the judgment and sentence should be reversed and a new trial ordered because the court allowed the introduction into evidence of a confession without first having specifically found it to have been voluntarily and freely given. A hearing was held to determine the voluntariness of the confession and the Appellant testified he was coerced. The court denied his objection to the admission of the confession but the judge did not say he found the confession to have been freely and voluntarily given as is required in McDole v. State, 283 So. 2d 553 (Fla.1973); Wilson v. State, 304 So. 2d 119 (Fla.1974); Sims v. State of Georgia, 385 U.S. 538, 87 S.Ct. 639, 17 L.Ed.2d 593 (1967); Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964); Land v. State, 293 So. 2d 704 (Fla.1974); Danahey v. State, 298 So. 2d 444 (Fla. 4 DCA 1974).
REVERSED and REMANDED for new trial, including a hearing and proper order on Appellant’s objection to the introduction of the alleged confession.
CROSS, DOWNEY and DAUKSCH, JJ., concur.
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Anton Kevin Peterson v. State, 382 So. 2d 701 (Fla. 1980)…. Peterson v. State, 372 So. 2d 1017 (Fla.2d DCA 1979). . In certifying its question, the second district noted the probable existence of conflict between its decision and Kimble v. State, 372 So. 2d 1014 (Fla.2d DCA 1979); McCloud v. Wainwright, 359 So. 2d 10 (Fla.4th DCA 1978), and Melero v. State, 306 So. 2d 603 (Fla.3d DCA 1975). We have jurisdiction. Art. V., § 3(b)(3), Fla.Const. The district court has cited only three cases which conflict with its holding. If it had chosen to do so, that court coul…
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Anton Kevin Peterson v. State, 372 So. 2d 1017 (Fla. 2d DCA 1979)…nd Wilson to require a specific recitation that the trial court has found the defendant’s statement to be voluntary, at least where coercion is alleged (as is the case here). Kimble v. State, 372 So. 2d 1017 (Fla.2d DCA 1979); McCloud v. Wainwright, 359 So. 2d 10 (Fla. 4th DCA 1978); Melero v. State, 306 So. 2d 603 (Fla.3d DCA 1975). We do not so interpret McDole and Wilson, but in view of the apparent conflict the instant opinion creates, we deem it advisable to certify the following question to the Florida…
Authorities Cited
- Jackson v. Denno, 378 U.S. 368 (U.S. 1964)
- Sims v. Georgia, 385 U.S. 538 (U.S. 1967)
- McDOLE v. State, 283 So. 2d 553 (Fla. 1973)
- Wilson v. State, 304 So. 2d 119 (Fla. 1974)
- Land v. State, 293 So. 2d 704 (Fla. 1974)
- Danahey v. State, 298 So. 2d 444 (Fla. 4th DCA 1974)