Fonte v. State

Silverio F. Fonte appeals his conviction for second degree murder with a deadly weapon. The State cross-appeals the downward departure sentence imposed by the trial court.

We affirm the trial court’s denial of the defendant’s motion to suppress his confession, which the police obtained by falsely telling defendant-appellant Fonte that some of his DNA had been found on the body of the victim. “A confession obtained by a misstatement of fact is admissible as long as it is voluntarily made.” State v. Manning, 506 So.2d 1094, 1098 (Fla. 3d DCA 1987).

The defendant argues that the trial court erred…