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 Columbia County. Paul S.
Thomas, Public Defender, and M. J. Lord, Assistant Public
Defender, Tallahassee, for Appellant.
Moody, Attorney General, and Amanda D. Stokes, Assistant
Attorney General, Tallahassee, for Appellee.
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
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.
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.
the first five minutes of the interview, the following
WATSON: Okay. And having your rights in mind do you wish to
talk to us right now?
EVERSOLE: Yeah, I. do.
EVERSOLE: If we were to try to get a hold of Travis Koon and
get him out here do you think we ...