State v. Modeste

ON REMAND

In August, 2008, this court reversed a trial court order suppressing certain statements made by Modeste during custodial interrogation. See State v. Modeste, 987 So.2d 787 (Fla. 5th DCA 2008) (Miranda warning provided to defendant was not inadequate because it did not expressly advise suspect that right to counsel included the right to have counsel present dur ing interrogation). Our decision was quashed by the Florida Supreme Court in light of its decision in State v. Powell, 998 So.2d 581 (Fla.2008). See Modeste v. State, 4 So.3d 1217 (Fla.2009). When the United States Supreme…