STATE v. LAINEZ (2024)

District Court of Appeal of Florida, Third District.

The STATE of Florida, Appellant, v. Edelberto LAINEZ, Appellee.

No. 3D23-0755

Decided: December 18, 2024

Before LOGUE, C.J., and FERNANDEZ and SCALES, JJ.

Ashley Moody, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellant. Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for appellee.

Affirmed. See Traylor v. State, 596 So. 2d 957, 966 (Fla. 1992) (“Once a suspect has requested the help of a lawyer, no state agent can reinitiate interrogation on any offense throughout the period of custody unless the lawyer is present[.]”); Michigan v. Mosley, 423 U.S. 96, 104, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (stating “that the admissibility of statements obtained after the person in custody has decided to remain silent depends under Miranda on whether his ‘right to cut off questioning’ was ‘scrupulously honored.’ ” (quoting Miranda v. Arizona, 384 U.S. 436, 474, 479, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966))).

PER CURIAM.

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