ALDWINA JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1980-10-07
No. 79-2080
Before HUBBART, C. J., and SCHWARTZ and BASKIN, JJ.
388 So. 2d 1088 Florida District Court of Appeal, Third District (1980) Positive Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Aldwina Johnson was convicted of trafficking in stolen property after automobiles she possessed were found to be stolen. The Florida appellate court reversed her conviction because the trial court erroneously excluded exculpatory hearsay evidence—Smith's statement explaining the low price of the cars—that was relevant to showing Johnson's innocent state of mind.


Holding

The exclusion of Smith's statement was plain error. Testimony of an out-of-court utterance offered solely to show its effect on a defendant's state of mind is not hearsay and must be admitted, particularly when the defendant's knowledge is the central issue and the only evidence of guilt is statutory inference and circumstantial evidence.


Headnotes

[1] An out-of-court statement offered to show its effect on the listener's state of mind is not hearsay.

[2] Exclusion of admissible exculpatory evidence that is crucial to the defendant's defense and directly addresses the central issue of the case constitutes reversible error.

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Key Quotes

“An essential element of the trafficking offense is that the defendant "knows or should know [that the property] was stolen." § 812.019(1), Fla.Stat. (1979).”

Establishes the critical element at issue—Johnson's knowledge of the stolen status

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Facts & Procedural History

Johnson participated in transferring automobiles to the Bahamas at the direction of a man named Smith. The vehicles were later found to be stolen. The…

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Opinion of the Court
SCHWARTZ, Judge.

SCHWARTZ, Judge.

The defendant Johnson appeals from the judgment and sentence entered after a jury found her guilty of three counts of trafficking in stolen property, in violation of Section 812.019(1), Florida Statutes (1979). We reverse for a new trial on the ground that important and admissible exculpatory evidence was erroneously excluded below.

The charges against Ms. Johnson arose from her participation in the transfer-originated, she said, by a man named Smith 1_o the Bahamas of a number of automobiles which were found to have been stolen. An essential element of the trafficking offense is that the defendant “knows or should know [that the property] was stolen.” § 812.019(1), Fla.Stat. (1979). Whether this was indeed the case was the key, if not the only issue below. There was no «direct evidence of guilty knowledge introduced at the trial. Because the defendant was admittedly in possession of the vehicles soon after they had been taken, however, an inference of her knowledge of that fact arose under Section 812.022(2), Florida Statutes (1979), unless the possession was “satisfactorily explained.” See, Edwards v. State, 381 So. 2d 696 (Fla.1980). In addition to this inference, the state heavily relied upon several allegedly incriminating circumstances to establish Ms. Johnson’s guilt. Among the most significant was the fact that, although the vehicles were new models, they were offered for sale at the suspiciously inexpensive price of $4,000 each. See, Nelson v. State, 372 So. 2d 949 (Fla.2d DCA 1979). Thus, in final argument, the prosecutor emphasized:

These ears, ladies and gentlemen, were sold-you heard testimony from the people who bought them, for $4,000. These are large 1979 automobiles, ladies and gentlemen, and Ms. Aldwina Johnson was a person that dealt in automobiles. Wasn’t it a little unusual to her?

In an attempt to provide both a reason why the low price would not have engendered suspicion in her mind, and the “satisfactory explanation” required to dissipate the statutory inference, Ms. Johnson proffered that when she asked Smith about the price of the cars, he said,

“Some of the cars were smashed up and had been repaired, others had been repossessed and did not have any titles.”

Upon the state’s objection, the trial judge excluded this testimony as hearsay. This ruling was plainly erroneous.

The defendant specifically offered Smith’s statement not to demonstrate the truth of its contents-that is, that the vehicles were in fact damaged, untitled, or repossessed — but rather to show its effect upon the defendant’s state of mind, to dispel any suspicion which might arise from the price of the cars. In Nelson v. State, 388 So. 2d 1276 (Fla.3d DCA 1980), this court recently and squarely held that testimony of such an out-of-court utterance, offered only to show its effect upon the defendant’s state of mind, is not hearsay and should be admitted. On the authority of Nelson and the cases cited in that opinion, we reach the same conclusion here. As is said in 2 Wigmore, Evidence § 254 (Chadbourn rev. 1979), “[s]o, too, ... the good or bad faith of one purchasing or receiving stolen goods, or otherwise unlawfully dealing with chattels, may be evidenced by repute or by express communications made to him.” E. g., State v. Simon, 70 N.J.L. 407, 57 A. 1016 (1904); People v. Dowling, 84 N.Y. 478, 50 N.Y.S.App. 752 (1881).

As did the Nelson court, we also reject the state’s contention in this case that the ruling was no more than harmless error. As has been noted, the subject matter of the proffered evidence vitally concerned what was the only real issue in the case-whether the defendant’s knowledge and attitude of mind were guilty or innocent. To support the state’s position on this question, there was only the statutory inference and circumstantial evidence of guilt. The exclusion of Smith’s statement resulted, at the same time, in a severe interference with the defendant’s ability to dissipate the effect of the statute and in the preclusion of an effective rebuttal of one of the primary circumstances upon which the state relied. Since the evidence of her guilt was otherwise far from overwhelming, we find that the error was clearly prejudicial and that a new trial is therefore required.

Reversed and remanded.

. The fact that Smith’s existence could not be independently corroborated in any way was the most telling evidence against Ms. Johnson.


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Citator

Cited By

  • Lynford R. Blackwood v. State, 777 So. 2d 399 (Fla. 2000)
    …. State, 601 So. 2d 1304, 1305 (Fla. 4th DCA 1992) (holding that statement by victim’s father to defendant offered to prove defendant’s state of mind or knowledge of a particular fact was not hearsay and should have been admitted); Johnson v. State, 388 So. 2d 1088, 1089 (Fla. 3d DCA 1980) (holding that testimony of out-of-court statement to defendant, offered only to show its effect upon defendant’s state of mind, was not hearsay and should have been admitted). Based on the context of the witness’s testimony,…
  • Guerrero v. State, 532 So. 2d 75 (Fla. 3d DCA 1988)
    …on defendant’s unexplained possession of the car precludes a finding that the error complained of did not contribute to the verdict. See Ciccarelli v. State, 531 So. 2d 129 (Fla.1988); State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Johnson v. State, 388 So. 2d 1088 (Fla. 3d DCA [*78] 1980). Cf. Nelson v. State, 362 So. 2d 1017 (Fla. 3d DCA 1978) (where jury questions and juror’s statement conclusively show jury drew adverse inferences from absence of explanation significantly influencing verdict, exclusion of…
  • Taylor v. State, 601 So. 2d 1304 (Fla. 4th DCA 1992)
    …ined by the trier of fact. The alleged statement made [*1305] to Taylor by the victim’s father was relevant evidence offered to prove Taylor’s state of mind or knowledge as to the victim’s pregnancy, and as such was admissible. See Johnson v. State, 388 So. 2d 1088 (Fla. 3d DCA 1980) (proof of statements made to defendant relevant and admissible to determine defendant’s state of mind as to whether she knew or should have known that property was stolen). The state does not directly dispute that the statements…

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