State v. Wright

BASKIN, Judge.

The trial court dismissed the information charging defendant with second degree murder. We reverse on the authority of Enmund v. State, 399 So.2d 1362 (Fla.1981). Defendant concedes that his challenge, predicated upon his remaining outside the apartment while his co-defendant committed their planned robbery, was vitiated by the supreme court ruling.

We also reverse the court’s order suppressing defendant’s statements. Defendant’s first statements were made before he became a suspect in the matter under investigation and while he was free to leave. Oregon v. Mathiason, 429 U.S.…