Fullard v. State, No. FF-351

CourtCourt of Appeal of Florida (US)
Writing for the CourtSMITH; BOYER, Acting C. J., and MILLS
Citation352 So.2d 1271
Docket NumberNo. FF-351
Decision Date20 December 1977
PartiesAlvin Willie FULLARD, Appellant, v. STATE of Florida, Appellee.

Page 1271

352 So.2d 1271
Alvin Willie FULLARD, Appellant,
v.
STATE of Florida, Appellee.
No. FF-351.
District Court of Appeal of Florida, First District.
Dec. 20, 1977.

Michael J. Minerva, Public Defender, and Margaret Good, Asst. Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., Tallahassee, for appellee.

SMITH, Judge.

Appellant pleaded nolo contendere to a charge of burglary of a structure, reserving the right to appeal the trial court's denial of his motion to suppress inculpatory statements. He contends the statements were obtained through a promise that he would not be prosecuted. We agree.

Appellant admitted his guilt after a detective investigating the theft of a lawn mower told appellant "if I get the lawn mower back there won't be any problem." This statement at least implied that if appellant confessed he would not be charged. The confession is therefore inadmissible. Frazier v. State, 107 So.2d 16 (Fla.1958); Lawton v. State, 152 Fla. 821, 13 So.2d 211 (1943); M. D. B. v. State, 311 So.2d 399 (Fla. 4th DCA 1974), cert. den., 321 So.2d 555 (Fla.1975); State v. Chorpenning, 294 So.2d 54 (Fla. 2d DCA 1974).

This case is significantly different from Miles v. State, 303 So.2d 86 (Fla. 1st DCA 1974). In Miles, the defendant was convicted on a jury verdict which the court found was supported by sufficient evidence other than the confession. Here appellant pleaded nolo contendere, and while other evidence adduced at the suppression hearing might support a jury verdict of guilty, it would also support a jury verdict of not guilty.

REVERSED and REMANDED.

BOYER, Acting C. J., and MILLS, J., concur.

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9 practice notes
  • Byron, Harless, Schaffer, Reid and Associates, Inc. v. State ex rel. Schellenberg, No. DD-30
    • United States
    • Court of Appeal of Florida (US)
    • June 1, 1978
    ...the names and addresses of employees. 42 See Daniell v. Sherrill, 48 So.2d 736, 739 (Fla.1950), and authorities cited; Fullard v. State, 352 So.2d 1271 (Fla. 1st DCA 1977); McLaughlin v. Philadelphia Newspapers, Inc., 465 Pa. 104, 348 A.2d 376 (1975); and the three-judge district court's de......
  • Rivera v. State, No. 4-86-2941
    • United States
    • Court of Appeal of Florida (US)
    • April 26, 1989
    ...of class, who was an assistant state attorney, was guilty of overreaching in urging defendant to bare her soul); Fullard v. State, 352 So.2d 1271 (Fla. 1st DCA 1977) (defendant's confession of theft of lawn mower to detectives investigating the theft inadmissible where detective stated that......
  • Stanley v. Wainwright, Nos. 79-1502
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 11, 1979
    ...entered, the Florida courts apparently allowed challenges of this nature to be raised on appeal, See Fullard v. State, Fla. 1st DCA 1977, 352 So.2d 1271, and the Florida appellate courts reviewed Brown's challenges in this case. The expectations of the defendant, the State, and the Florida ......
  • Brown v. State, No. 53782
    • United States
    • United States State Supreme Court of Florida
    • June 14, 1979
    ...of the District Court of Appeal, Third District, reported at 355 So.2d 138, which is alleged to be in conflict with Fullard v. State, 352 So.2d 1271 (Fla. 1st DCA 1977). The issue presented is whether a criminal defendant, in order to plead Nolo contendere and specifically reserve his right......
  • Request a trial to view additional results
9 cases
  • Byron, Harless, Schaffer, Reid and Associates, Inc. v. State ex rel. Schellenberg, No. DD-30
    • United States
    • Court of Appeal of Florida (US)
    • June 1, 1978
    ...the names and addresses of employees. 42 See Daniell v. Sherrill, 48 So.2d 736, 739 (Fla.1950), and authorities cited; Fullard v. State, 352 So.2d 1271 (Fla. 1st DCA 1977); McLaughlin v. Philadelphia Newspapers, Inc., 465 Pa. 104, 348 A.2d 376 (1975); and the three-judge district court's de......
  • Rivera v. State, No. 4-86-2941
    • United States
    • Court of Appeal of Florida (US)
    • April 26, 1989
    ...of class, who was an assistant state attorney, was guilty of overreaching in urging defendant to bare her soul); Fullard v. State, 352 So.2d 1271 (Fla. 1st DCA 1977) (defendant's confession of theft of lawn mower to detectives investigating the theft inadmissible where detective stated that......
  • Stanley v. Wainwright, Nos. 79-1502
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 11, 1979
    ...entered, the Florida courts apparently allowed challenges of this nature to be raised on appeal, See Fullard v. State, Fla. 1st DCA 1977, 352 So.2d 1271, and the Florida appellate courts reviewed Brown's challenges in this case. The expectations of the defendant, the State, and the Florida ......
  • Brown v. State, No. 53782
    • United States
    • United States State Supreme Court of Florida
    • June 14, 1979
    ...of the District Court of Appeal, Third District, reported at 355 So.2d 138, which is alleged to be in conflict with Fullard v. State, 352 So.2d 1271 (Fla. 1st DCA 1977). The issue presented is whether a criminal defendant, in order to plead Nolo contendere and specifically reserve his right......
  • Request a trial to view additional results

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