District Court of Appeal of Florida October 16, 2002, No. 4D00-3505 (McDougle v. State)

MAY, J.

The question asked in this appeal is what constitutes “custody” for purposes of custodial interrogation. The defendant appeals his conviction and sentence for petty theft and battery upon a person 65 years of age or older. He raises the single issue of whether the trial court erred when it denied his motion to suppress. We agree that the court erred in denying the motion and reverse.