FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
from the Circuit Court for Pinellas County; Frank Quesada,
L. Dimmig, II, Public Defender, and Ivy R. Ginsberg, Special
Assistant Public Defender, Bartow, for Appellant.
Jo Bondi, Attorney General, Tallahassee, and Susan M.
Shanahan, Assistant Attorney General, Tampa, for Appellee.
Noh appeals his conviction for capital sexual battery and the
resulting life sentence, raising four grounds for reversal.
We find merit only in Noh's argument that the trial court
erred by denying his motion to suppress the statement he gave
to police after he made a comment that indicated that he did
not understand the Miranda warnings that had been given
to him. On this basis, we reverse and remand for a new
arrested and charged with capital sexual battery after his
former stepdaughter told her father that Noh had engaged in
certain sexual activity with her when she was nine years old.
Noh was subsequently brought to the police station for an
interview. After the investigating detective spoke with Noh
for a few minutes, the following conversation ensued:
DETECTIVE: Okay. All right. I'm just gonna read you the
questions, then I'm gonna have you read them to yourself,
okay? Do you understand you have the right to remain silent?
DETECTIVE: All right. Do you understand that anything you say
can and will be used against you in a court of law?
DETECTIVE: Do you understand that you have the right to speak
to a lawyer and have him or her present with you while you
are being questioned?
DETECTIVE: Do you understand that, if you cannot afford to
hire a lawyer, one will be appointed to represent you before
any questioning, if you wish?
DETECTIVE: Do you understand that you can decide at any time
to exercise these rights and not answer any questions or ...