final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Clay County. John H.
Thomas, Public Defender, and Kathleen Stover, Assistant
Public Defender, Tallahassee, for Appellant.
Jo Bondi, Attorney General, and Steven E. Woods, Assistant
Attorney General, Tallahassee, for Appellee.
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.
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.
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.
minutes later, Washington inquired again about his right to
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.
interrogation continued for over ninety minutes before the
following exchange occurred between Washington ...