Acevedo v. State

Juan Acevedo [“Acevedo”] appeals his conviction of burglary of a dwelling, deal ing in stolen property, and grand theft. Acevedo argues that the trial court erred by denying his motion to suppress statements that he made to law enforcement. He contends that law enforcement gave a defective Miranda 1 warning by failing to advise him of his right to have counsel present during questioning. He is correct that, under the decision of the Florida Supreme Court in State v. Powell, 998 So.2d 531 (Fla.2008), cert. granted, — U.S. -, 129 S.Ct. 2827, 174 L.Ed.2d 551 (2009), the Miranda warning he was…