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979 So. 2d 1144

Docket No. 3D07-837.

State v. Guzman

The STATE of Florida, Appellant, v. Modesto GUZMAN, Appellee.

District Court of Appeal of Florida · decided 2008-04-16

Cited by 1 later decisions — most recently June 2008

1 state decisions

Relies on 596 So. 2d 957 - Traylor v. State · United States v. Robertson · Richardson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2008-04-16

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¶1Bill McCollum, Attorney General, and Angel Fleming and Maria T. Armas, Assistant Attorneys General, for appellant.

¶2Eric M. Cohen, Miami, for appellee.

¶3Before SHEPHERD and SUAREZ, JJ., and SCHWARTZ, Senior Judge.

¶4SCHWARTZ, Senior Judge.

¶5We agree with the trial court's order suppressing both (a) the defendant's incriminating *1145 statements during a polygraph examination conducted as a condition of ongoing plea negotiations, see § 90.410, Fla. Stat. (2007); Fla. R.Crim. P. 3.172(h); Richardson v. State,706 So.2d 1349 (Fla. 1998); Anderson v. State,420 So.2d 574 (Fla.1982); Davis v. State,842 So.2d 989 (Fla. 1st DCA 2003); People v. Garcia,169 P.3d 223 (Colo.Ct.App.2007), cert. denied, No. 07SC521, 2007 WL 2822534 (Colo. Oct.01, 2007); see also United States v. Robertson,582 F.2d 1356 (5th Cir.1978) (en banc), and (b) his admission to a homicide detective made in contravention of his right to counsel under article I, section 16, Florida Constitution, which had previously attached under that aspect of Traylor v. State,596 So.2d 957 (Fla.1992), which provides that

a defendant is entitled to counsel at the earliest of the following points: . . . as soon as feasible after custodial restraint.

¶6Id. at 970 (footnote omitted); see also United States v. Harrison,213 F.3d 1206 (9th Cir.2000); United States v. Medrano,208 F.Supp.2d 681 (W.D.Tex.2002); State v. Stanley,754 So.2d 869 (Fla. 1st DCA 2000).

¶7Affirmed.

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