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Eversole v. State

Florida Court of Appeals, First District

August 1, 2019

Thomas James Eversole, 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 Columbia County. Paul S. Bryan, Judge.

          Andy Thomas, Public Defender, and M. J. Lord, Assistant Public Defender, Tallahassee, for Appellant.

          Ashley Moody, Attorney General, and Amanda D. Stokes, Assistant Attorney General, Tallahassee, for Appellee.

          Rowe, J.

         Thomas Eversole appeals his judgment and sentence for burglary of a dwelling and dealing in stolen property. Eversole argues that the trial court erred in denying his motion to suppress statements he made to police during a recorded interview without his counsel present. For the reasons below, we affirm.

         Facts

         Following his arrest, Eversole was booked into the local jail to await trial. At first, he refused to speak to investigators and retained attorney Travis Koon to represent him.

         But seven weeks after he was taken into custody, Eversole told a deputy at the jail that he wanted to speak with the police. When Eversole made the request, he did not ask for his attorney to accompany him. Eversole was transported to the Sheriff's office for an interview, which was conducted by Detectives Watson and Foote. Watson read Eversole his Miranda rights. Eversole stated he understood his rights and wanted to speak to the officers about the burglary and other charges pending against him.

         Within the first five minutes of the interview, the following exchange occurred:

WATSON: Okay. And having your rights in mind do you wish to talk to us right now?
EVERSOLE: Yeah, I. do.
WATSON: Okay.
EVERSOLE: If we were to try to get a hold of Travis Koon and get him out here do you think we ...

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