State v. Smith

NORTHCUTT, Chief Judge.

The circuit court granted Darryl Smith’s motion to suppress in reliance on this court’s decision in Powell v. State, 969 So.2d 1060 (Fla. 2d DCA 2007), approved, 998 So.2d 531 (Fla.2008). However, the Miranda warning given in this case materially differed from the warning at issue in Powell. Therefore, we reverse.

As explained by this court and the Florida Supreme Court in their respective Powell decisions, the Miranda warning given to Kevin Powell was constitutionally deficient because it did not convey his right to the presence of an attorney during questioning.…