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Washington v. State

Florida Court of Appeals, First District

August 1, 2018

Anthony Delane Washington, Appellant,
v.
State of Florida, Appellee.

         Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

          On appeal from the Circuit Court for Clay County. John H. Skinner, Judge.

          Andy Thomas, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

          Pamela Jo Bondi, Attorney General, and Steven E. Woods, Assistant Attorney General, Tallahassee, for Appellee.

          Rowe, J.

         After a jury trial, Anthony Delane Washington was convicted of first-degree murder and burglary with an assault or battery. On direct appeal, he argues that his convictions and sentences should be vacated because the incriminating statements he made to the police should have been suppressed. We disagree and affirm.

         I. Facts

         Washington was a suspect in the murder of Alphonso Doss because he was having an affair with Doss's wife. Washington was first interviewed by police nine days after the murder. A second interview was conducted six months later after Washington voluntarily drove himself to the police station. The interview began around 10:17 p.m. and continued until the early morning hours of the following day.

         Approximately twelve minutes after Washington entered the interrogation room and before any questioning began, the following exchange occurred between Washington and Detective Monroe:

MONROE: All right, you have the right to remain silent. If you understand that, just put, put your initials right there for me. All right. Uh, anything you say can and will be used against you in a court of law. If you understand that just put your, initials there for me. Uh, you have the Right to talk to a lawyer and to have them present with you while you're, being questioned. If you understand that put your
WASHINGTON: Do I need that?
MONROE: What's that?
WASHINGTON: Do I need him?
MONROE: A-a lawyer? I'm, I'm not a lawyer. I can't really tell you that stuff. Uh, if you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish. If you understand that put your initials there. Uh, you can decide at any time to exercise these Rights and not answer any questions or make any statements. All right. Lastly, I have carefully read and listened to the above information. I fully understand my Rights. If you understand that? Put your initials there for me. And if you could sign there if you agree to everything we just went, went over. I think there's a place to print, address and stuff in there.

         Thirteen minutes later, Washington inquired again about his right to counsel:

WASHINGTON: Yeah, I mean if you got something, do I need to call my lawyer, or call (inaudible) I mean at, if you got me as a suspect I mean.
MONROE: Well listen, I can't, I can't give you legal advice, okay? I can tell you right now that, we wanna hear, we wanna give you the opportunity to talk to us and that's why we're here.
WASHINGTON: Okay.

         The interrogation continued for over ninety minutes before the following exchange occurred between Washington ...


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