ARTHUR TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Taylor was convicted of grand theft along with codefendant Williams in a joint trial. The Florida appellate court reversed because the trial judge improperly instructed the jury on accomplice testimony despite both defendants testifying, which cast suspicion on Taylor's own exculpatory testimony.
The trial court's instruction on accomplice testimony was improperly prejudicial and constituted reversible error. An accomplice instruction is inappropriate when defense testimony comes from a jointly tried codefendant, as it improperly casts doubt and suspicion on the defendant's own exculpatory testimony.
[1] An accomplice instruction is improperly prejudicial when both defendants testify and present defense testimony, as the cautionary warning applies equally to both the dama…
[2] The testimony of an accomplice, even if uncorroborated, is legally sufficient to support a conviction if the jury is convinced of the defendant's guilt beyond a reasonabl…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The warning that testimony of an accomplice must be received with caution was equally applicable to the testimony of both defendants. It cast doubt and suspicion on not only the damaging testimony given by Williams, but also upon the exculpatory testimony given by appellant.”
Establishes the core error: the accomplice instruction improperly undermined the defendant's own exculpatory testimony by casting suspicion on all defense witnesses.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceTaylor, Williams, and two others were passengers in a vehicle that stopped at a service station in Charlotte County. After all entered the store, the …
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OTT, Judge.
Taylor, convicted on a charge of grand theft, has raised two issues on this appeal: (1) refusal to grant a severance and separate trials, and (2) instruction on accomplices at the trial’s conclusion.
Briefly stated, the facts were that appellant, his codefendant, Geraldine Williams, and two other persons were passengers in a vehicle owned and driven by one Chester Moore. They stopped at a service station in Charlotte County, where all of them entered the store located on the premises. Shortly after they left the store, the owner discovered that his bank bag, containing $403 in cash and some checks, was missing.
When apprehended by the police, Williams had $403 in currency secreted on her person. She stated at trial that after the police had stopped the car and asked them to get out, appellant gave her the money and asked her to conceal it.
At all times, both prior to trial and in his testimony during trial, appellant denied ever seeing the bag or any money from it, stealing the bag, or having any connection with the money.
Appellant and Williams were tried together, and both testified during the trial. Over their joint objection, the trial judge instructed the jury on accomplices: ‘
Now, when two or more persons take part in the commission of a crime, each is an accomplice of all the others. The testimony of an accomplice must be received with great caution and carefully and closely examined by you before a conviction is based upon it. This is particularly true when there is neither direct testimony nor circumstances tending to corroborate the testimony of an accomplice. However, the testimony of an accomplice, even though uncorroborated, is sufficient upon which to base a conviction if you are convinced by it of the defendant’s guilt beyond a reasonable doubt.
We find that the giving of this instruction was improperly prejudicial to the appellant, and therefore reverse.
The court below erred in charging the jury in regard to accomplices because here the only defense testimony came from the defendants, who both testified. The warning that testimony of an accomplice must be received with caution was equally applicable to the testimony of both defendants. It east doubt and suspicion on not only the damaging testimony given by Williams, but also upon the exculpatory testimony given by appellant.
The accomplice instruction is not appropriate where defense testimony has been given by an “accomplice” of the accused or by one of two defendants tried jointly. Wheelis v. State, 340 So. 2d 950 (Fla. 1st DCA 1976). When it is employed in such a situation, doubt and suspicion are improperly cast upon one defendants’ exculpatory testimony on his own or his eodefendant’s behalf, and reversal is justified.
We note that it may have been more prudent for the trial court to have granted a severance and separate trials in this instance. Because the granting of a severance rests within the discretion of the trial court, even though the defendants may have conflicting interests and antagonistic defenses, we would not reverse if this were the only problem. Menendez v. State, 368 So. 2d 1278 (Fla.1979); Johnson v. State, 355 So. 2d 143 (Fla. 3d DCA 1978); Williams v. State, 383 So. 2d 722 (Fla. 1st DCA 1980). However, giving of the accomplice instruction where both defendants were present and both testified was clearly error, and we reverse and remand for a new trial.
GRIMES and RYDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dudley v. State, 405 So. 2d 304 (Fla. 4th DCA 1981)…struction was not intended [*306] to be used against a defendant who may present a co-defendant or other person involved in the incident in question as a witness for the defense. Wheelis v. State, 340 So. 2d 950 (Fla. 1st DCA 1976); Taylor v. State, 403 So. 2d 585 (Fla. 2d DCA 1981). The instruction may have been especially damaging here since the appellant did not testify but instead relied almost entirely on the testimony of his business associate, who was not formally charged with the commission of any off…
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Aget v. State, 448 So. 2d 67 (Fla. 3d DCA 1984)…in question as a witness for the defense. In the present ease, the alleged accomplice testified on behalf of defendant Aget. Thus, the accomplice instruction cast doubt upon the exculpatory testimony given by a key defense witness, Taylor v. State, 403 So. 2d 585 (Fla.2d DCA 1981); Wheelis v. State, 340 So. 2d 950 (Fla. 1st DCA 1976), and mandates reversal. Reversed.…
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Montez Robinson v. State, 589 So. 2d 437 (Fla. 3d DCA 1991)…. The accomplice instruction was essentially a directive to the jury to disregard the defense’s only witness. The “instruction cast doubt upon the exculpatory testimony given by a key defense witness”. Aget, 448 So. 2d at 68 (citing Taylor v. State, 403 So. 2d 585 (Fla. 2d DCA 1981); Wheelis v. State, 340 So. 2d 950 (Fla. 1st DCA 1976)). We find that the trial court erred in instructing the jury to use great caution in relying on the testimony of an accomplice. Accordingly, we reverse the defendant’s convicti…
Authorities Cited
- Menendez v. State, 368 So. 2d 1278 (Fla. 1979)
- Williams v. State, 383 So. 2d 722 (Fla. 1st DCA 1980)
- Carey v. State, 355 So. 2d 143 (Fla. 3d DCA 1978)
- Wheelis v. State, 340 So. 2d 950 (Fla. 1st DCA 1976)