State v. Charon

BASKIN, Judge.

The state appeals an order suppressing statements made by defendant Sandy Charon while in police custody following his arrest on charges of sexual battery, robbery, and kidnapping. We find no error in the trial court’s ruling that, given the totality of the circumstances, the statements were not voluntary and should be suppressed.

In response to a motion to suppress, the state has the burden of proving by a preponderance of the evidence that the challenged statements were voluntarily made. Brewer v. State, 386 So.2d 232 (Fla. 1980); Williams v. State, 441 So.2d 653 (Fla. 3d DCA…