LEROI R. MORRIS, Appellant,
STATE OF FLORIDA, Appellee.
final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Jeffrey R. Levenson, Judge; L.T. Case No.
Haughwout, Public Defender, and Jeffrey L. Anderson,
Assistant Public Defender, West Palm Beach, for appellant.
Jo Bondi, Attorney General, Tallahassee, and Anesha Worthy,
Assistant Attorney General, West Palm Beach, for appellee.
defendant appeals his conviction of felony murder in the
first degree, felony murder in the second degree, and
attempted armed robbery. He raises eight arguments on appeal,
and we affirm without further comment as to the first seven
arguments. We address the defendant's eighth argument en
banc to recede from Ripley v. State, 898 So.2d 1078
(Fla. 4th DCA 2004), and West v. State, 876 So.2d
614 (Fla. 4th DCA 2004).
eighth argument, the defendant states the trial court erred
in failing to suppress his statement when law enforcement
failed to advise him of his right to stop the interrogation
at any time. This argument lacks merit according to binding
authority from the United States Supreme Court and our
Florida Supreme Court. To the extent our decisions in
Ripley v. State, 898 So.2d 1078 (Fla. 4th DCA 2004),
and West v. State, 876 So.2d 607 (Fla. 4th DCA
2004), conflict with that binding authority, we recede from
those cases. The Miranda warning in this case
sufficiently advised the defendant of his rights, which
implicitly included the right to stop questioning. We affirm
the defendant's convictions.
defendant states that the following facts are undisputed and,
for purposes of this opinion, we accept the characterization:
"Duane Myrie and Oneil Mignott lived at a warehouse and
at some point in time on January 21, 2011 James Rutledge and
[the defendant] were present at the warehouse. [The
defendant] was not armed. At some point in the warehouse,
Mignott shot Rutledge and Rutledge shot Mignott. Mignott and
Rutledge both died as the result of the shooting."
the defendant was detained by the Broward Sheriff's
Office. Before being questioned, he was advised of his rights
in a recorded interview as follows:
Officer: Okay. All right. So I'm gonna go ahead and read
this from this prepared text. All right. Before I ask you any
questions, I want to advise you of your constitutional
Officer: You have the right to remain silent; do you