Collins v. Wainwright, 73--1333
| Decision Date | 11 April 1975 |
| Docket Number | No. 73--1333,73--1333 |
| Citation | 311 So.2d 787 |
| Parties | George Leon COLLINS, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Lois J. Frankel, Asst. Public Defender, West Palm Beach, for petitioner.
Robert L. Shevin, Atty. Gen., Tallahassee, and Robert B. Breisblatt, Asst. Atty. Gen., West Palm Beach, for respondent.
Appellant was charged with robbery. He filed a motion to suppress a statement taken by the police on the ground that it was not freely and voluntarily given. At a hearing on said motion a police officer testified he had been present when appellant made the statement; that appellant had been fully warned of his constitutional rights and had signed the statement; and that no promises were made to appellant to induce the statement. Appellant testified that he was already in jail on other felony charges when two officers interrogated him. He stated they advised him they were aware of the other charges. They then assured him that if he cooperated and gave them a statement admitting his complicity in the robbery under consideration, they would help him with the judge as they often did by some hand signals telling the judge the accused had been cooperative. Appellant denied he was involved in the instant robbery and said he signed the statement solely because he was led to believe things would go easier for him if he did so. At the conclusion of the hearing on the motion to suppress the trial judge stated: 'I'm going to deny the motion to suppress.'
Appellant suggests error in the failure of the trial court to find with unmistakable clarity on the record that the statement was voluntary, and in sentencing appellant without a presentence investigation as required by Rule 3.710, RCrP.
Appellant was convicted and sentenced in November 1971, at which time there was no rule requiring a presentence investigation. Rule 3.710, RCrP, became effective February 1, 1973 (272 So.2d 65). Appellant suggests that we should apply the rule as it exists at the time of the appeal, citing as analogous authority our decision in Gallagher v. State, Fla.App.1974, 300 So.2d 299. See also Joins v. State, Fla.App.1974, 287 So.2d 742. We accept appellant's suggestion. Accordingly, while the sentencing procedure adopted by the trial judge was appropriate at the time, its appropriateness has been changed by a change in the law between the conviction and sentence and the appearance of the cause before this court. The rule applicable to this cause now requires that on this record a presentence investigation must be considered prior to imposition of sentence, since that record does not demonstrate that appellant had ever been convicted of a prior felony.
We believe appellant's other point contending that the facts of this case required the trial court to enter a finding of voluntariness with unmistakable clarity also has merit. McDole v. State, Fla.1973, 283 So.2d 553. After McDole the Supreme Court decided Wilson v. State, Fla.1974, 304 So.2d 119, and the First District Court of Appeal decided Bunch v. State, Fla.App.1974, 303 So.2d 705. Those...
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Moreno v. State
...3 L.Ed.2d 1534 (1959) and State v. Mach, 187 So.2d 918 (Fla. 2d DCA 1966); product of illegally obtained confession, Collins v. Wainwright, 311 So.2d 787 (Fla. 4th DCA 1975); results of polygraph examination in absence of stipulation, State v. Cunningham, 324 So.2d 173 (Fla. 3d DCA ...
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Andrews v. State, 77-796
...were fully complied with. Cf. the statements of law in Greene v. State, 351 So.2d 1031 (Fla. 4th DCA 1976); and Collins v. Wainwright, 311 So.2d 787 (Fla. 4th DCA 1975). The defendant initialed the first ten pages of her transcribed statement. These pages were, of course, properly admitted.......
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