Supreme Court of Florida

Randall T. Deviney v. State of Florida — Pariente, J., Concurring

February 21, 201338 Fla. L. Weekly Supp. 124

Summary

Justice Pariente concurred in the decision to reverse because the trial court improperly admitted Deviney's confession. She would also have reversed the denial of Deviney's motion for judgment of acquittal on felony murder predicated on attempted sexual battery, reasoning that the evidence was consistent with Deviney staging the victim's body after death and did not establish the specific intent required for attempted sexual battery. Justice Polston, dissenting, would have affirmed because Deviney's statements did not unequivocally invoke his right to remain silent.