August 15, 2008

Gorham, 33 FLW 1930, 4th DCA, PRR, not apply to offense of burglary of conveyance with assault or battery as could have been committed with mere unlawful touching during burglary, offense does not necessarily include "threat or use of physical force or violence" necessary to qualify under catch-all provision of statute

Modeste, 33 FLW 1951, 5th DCA, en banc, Statements of defendant-error to suppress inculpatory statement made by def during interrogation on grounds that Miranda warnings given to def were insufficent to apprise him of his right to have counsel present during investigation on videotape def was told that the document simply stated that we read you your rights but def was given virtually no opportunity to read waiver form prior to signing his name-Even though Miranda warnings were adequate and he did not have to be expressly informed has the right to counsel present during interrogation-Conflict certified-Officer' statement that "of course....you can talk to an attorney first before talking to us" did not render Miranda warnings invalid by suggesting that def had right to counsel prior to interrogation but not during interrogation

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