State v. Martinez-Yanez

BLUE, Acting Chief Judge.

The State appeals an order granting the suppression of certain statements made by Pedro Martinez-Yanez. The order was based on the then controlling cases of Fason v. State, 674 So.2d 916 (Fla. 2d DCA 1996), and State v. Guthrie, 666 So.2d 562 (Fla. 2d DCA 1995). Subsequently, the Florida Supreme Court ruled to the contrary and disapproved Fason and Guthrie. See Sapp v. State, 690 So.2d 581 (Fla.1997) (holding that an accused may not effectively invoke the right to counsel under the Fifth Amendment of the United States Constitution or article I, section 9, of the…