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Morris v. State

Florida Court of Appeals, Fourth District

February 8, 2017

LEROI R. MORRIS, Appellant,
v.
STATE OF FLORIDA, Appellee.

         Not final until disposition of timely filed motion for rehearing.

         Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. 11001490CF10A.

          Carey Haughwout, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, West Palm Beach, for appellant.

          Pamela Jo Bondi, Attorney General, Tallahassee, and Anesha Worthy, Assistant Attorney General, West Palm Beach, for appellee.

         EN BANC

          Kuntz, J.

         The 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).

         For his 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.

         Background

         The 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."

         Ultimately, 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 rights.
Officer: You have the right to remain silent; do you ...

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