FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
appeal from the Circuit Court for Bay County. Brantley S.
Michael Ufferman, Tallahassee, for Appellant.
Jo Bondi, Attorney General, and Michael Schaub, Assistant
Attorney General, Tallahassee, for Appellee.
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.
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.
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 ...