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Daniel v. State

Florida Court of Appeals, Fifth District

March 29, 2018

JAHMAHREE DANIEL, Appellant,
v.
STATE OF FLORIDA, Appellee.

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

          Appeal from the Circuit Court for Orange County, Renee A. Roche, Judge.

          James S. Purdy, Public Defender, and Robert Jackson Pearce III, Assistant Public Defender, Daytona Beach, for Appellant.

          Pamela Jo Bondi, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Appellee.

          ORFINGER, J.

         Jahmahree 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.[1] We agree and reverse.

         The 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 children.

         Several 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.

         After being read the Miranda[2] 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 interrogating officers:

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. . .
A (Sigh.)
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' ...

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