Legal Opinion

Marshalek v. State

District Court of Appeal of Florida

Decided November 9, 1988No. 87-1914PublishedCited by 3 opinions

1Per curiam

The trial court did not err when it denied appellant’s motion to suppress his statements as involuntary and the record contains sufficient evidence to support appellant’s convictions. Accordingly, we affirm appellant’s convictions.

However, the trial court erred when it scored thirty points on appellant’s guidelines scoresheet for his being under legal constraint at the time of the subject offenses. The court based the additional thirty point score upon two outstanding warrants for appellant’s failure to appear on two traffic charges. At the sentencing hearing, appellant introduced copies of…

2Cited by3 opinions

  1. Kinman v. StateDistrict Court of Appeal of Florida · 1989
  2. Wright v. StateDistrict Court of Appeal of Florida · 1988
  3. Pierre v. StateDistrict Court of Appeal of Florida · 1992

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