Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Pierce v. State

Florida Court of Appeals, First District

June 6, 2017

SONNY ERIC PIERCE, Appellant,
v.
STATE OF FLORIDA, Appellee.

         NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

         An appeal from the Circuit Court for Bay County. Brantley S. Clark, Judge.

          Michael Ufferman, Tallahassee, for Appellant.

          Pamela Jo Bondi, Attorney General, and Michael Schaub, Assistant Attorney General, Tallahassee, for Appellee.

          BILBREY, J.

         Sonny Eric Pierce appeals his judgment of conviction and sentences raising several issues. Because the trial court erred in denying Pierce's motion to suppress the statements made during his custodial interrogation, we must reverse the judgment, vacate his sentences, and remand for a new trial.

         Following his arrest for his participation in a shooting incident, Pierce was subjected to questioning by a police detective. During the interrogation, Pierce was handcuffed. The State does not deny that Pierce was in custody and thus was not free to leave. The interrogation of Pierce was video recorded, and we have reviewed the video as well as the transcript of it. The interrogation began as follows:

Q. Sir would you state your name for me?
A. Sonny Eric Pierce.
Q. And Mr. Pierce would you raise your right hand for me? Do you swear this statement you'll give is the truth, the whole truth, nothing but the truth, so help you God?
A. I swear.
Q. Ok all right I got to just talk to you. We got to go over this real quick before we can discuss any parts of this case, okay? This is your Miranda form here. I'll read it to you and we'll go over anything. If you feel like we need to hit one of them again, we'll talk about it and explain it in detail, ok. All right first of all, you have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. Ok. If you cannot afford a lawyer, one will be appointed to you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time until you have consulted a lawyer. You understand that part? Ok if you would those last 2 sentences could you read those out loud?
A. I have read the Statement of my Rights and I understand what my rights are. At this time I am willing to answer questions without a lawyer present.
Q. Is that a true statement?
A. I don't know what I'm being charged for.
Q. Ok well I want to explain everything.
A. Okay.
Q. But I mean just for your, we'll go back over this one. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.