FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
from the Circuit Court for Orange County, Renee A. Roche,
S. Purdy, Public Defender, and Robert Jackson Pearce III,
Assistant Public Defender, Daytona Beach, for Appellant.
Jo Bondi, Attorney General, Tallahassee, and Andrea K.
Totten, Assistant Attorney General, Daytona Beach, for
Daniel appeals his convictions and sentences, arguing that
the trial court erred by denying his motion to suppress his
post-arrest statement to law enforcement. We agree and
charges against Daniel stemmed from a bank robbery. Just
after Brinks had completed its cash delivery, three men
wearing bandanas, gloves, hooded sweatshirts, and wielding
what appeared to be handguns stormed a SunTrust Bank, yelling
"Put your hands up!" The robbers zip tied the bank
employees and customers before making off with $140, 000 from
the vault. Within an hour, the GPS trackers mixed in with the
stolen money were found discarded by a lake, directly behind
the apartment that Daniel shared with his girlfriend and
days later, Daniel was taken into custody on unrelated
charges, although investigators already suspected that he was
involved in the robbery. While Daniel was at the police
station, his mother gave the police a key to a storage
locker. The police searched the storage locker, discovering
multiple items linked to the robbery, including: articles of
clothing similar to those described by the victims, zip ties,
approximately $67, 000 in cash wrapped in SunTrust wrappers,
an unloaded pellet gun, and a box of 20-gauge shotgun shells.
Daniel's fingerprints were found on the box of shotgun
shells and some of the money wrappers.
being read the Miranda warnings and agreeing to be
interviewed, law enforcement personnel began interrogating
Daniel. During the first of two recorded interviews, the
following exchange occurred between Daniel and one of the
Q So you would tell us the truth if you did it, right? And
you'd tell us 'cause of your kids?
A And I wanna. . .
Q So. . .
A . . . be there for my kids, yeah.
Q . . . you wanna be there for your kids. Well, here's
your opportunity because the more lies we get. . .
Q . . . and it doesn't, it's not helping you.
A Look, can I have a lawyer, man, 'cause y'all is
tryin' to confuse me and I know what I think and I know
what I see and. . .
Q That's what you want?
A What else? I ain't did nothin' ...