Sharretts v. State

Apr 26, 1966
No. 65-669
Reporters:
,
Before:
Carroll
PER CURIAM.

The appellant was informed against, tried and convicted of the crime of robbery. On ‍‌‌‌​​‌‌‌​​​​‌​‌‌​​​‌‌‌‌​​​‌​​​‌​​​​​‌​‌​‌‌‌‌​‌​‌​​‌‌‌​‌​‌‌​​‌​‌‌‌​​​‌‌‌​​​​​‌‌​​​‌‌‌​‌​‌​​‌​‌​​‌‍his appeal he challenges the ruling of the trial court admitting his confession into evidence. It is not contended the confession was not made voluntarily, but that it was ‍‌‌‌​​‌‌‌​​​​‌​‌‌​​​‌‌‌‌​​​‌​​​‌​​​​​‌​‌​‌‌‌‌​‌​‌​​‌‌‌​‌​‌‌​​‌​‌‌‌​​​‌‌‌​​​​​‌‌​​​‌‌‌​‌​‌​​‌​‌​​‌‍inadmissible because obtained by interrogation (on the day of arrest) while the defendant was held in custody without having been afforded a preliminary hearing. Prior to making the confession ‍‌‌‌​​‌‌‌​​​​‌​‌‌​​​‌‌‌‌​​​‌​​​‌​​​​​‌​‌​‌‌‌‌​‌​‌​​‌‌‌​‌​‌‌​​‌​‌‌‌​​​‌‌‌​​​​​‌‌​​​‌‌‌​‌​‌​​‌​‌​​‌‍the defendant had been identified in a line-up. He was warned of his rights by an interrogating officer and advised he was entitled to counsel, including public defense counsel, ‍‌‌‌​​‌‌‌​​​​‌​‌‌​​​‌‌‌‌​​​‌​​​‌​​​​​‌​‌​‌‌‌‌​‌​‌​​‌‌‌​‌​‌‌​​‌​‌‌‌​​​‌‌‌​​​​​‌‌​​​‌‌‌​‌​‌​​‌​‌​​‌‍and he affirmatively chose not to have counsel at that time. We hold on authority of Young v. State, Fla. 1962, 140 So.2d 97; Montgomery v. State, Fla.1965, 176 So.2d 331, ‍‌‌‌​​‌‌‌​​​​‌​‌‌​​​‌‌‌‌​​​‌​​​‌​​​​​‌​‌​‌‌‌‌​‌​‌​​‌‌‌​‌​‌‌​​‌​‌‌‌​​​‌‌‌​​​​​‌‌​​​‌‌‌​‌​‌​​‌​‌​​‌‍that admission of the confession, in the circumstances shown in the record, was not error.

Affirmed.