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Noh v. State

Florida Court of Appeals, Second District

November 15, 2017

RICHARD EDWARD NOH, Appellant,
v.
STATE OF FLORIDA, Appellee.

         NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

         Appeal from the Circuit Court for Pinellas County; Frank Quesada, Judge.

          Howard L. Dimmig, II, Public Defender, and Ivy R. Ginsberg, Special Assistant Public Defender, Bartow, for Appellant.

          Pamela Jo Bondi, Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee.

          VILLANTI, JUDGE.

         Richard 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[1] warnings that had been given to him. On this basis, we reverse and remand for a new trial.[2]

         Noh was 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?
NOH: Yes.
DETECTIVE: All right. Do you understand that anything you say can and will be used against you in a court of law?
NOH: Yes.
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?
NOH: Yes.
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?
NOH: Yes.
DETECTIVE: Do you understand that you can decide at any time to exercise these rights and not answer any questions or ...

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