DEGUSTA BLAKE ZEIGLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1981-10-20
No. XX-86
McCORD and SHIVERS, JJ., and LILES, WOODIE A. (Retired) Associate Judge, concur.
404 So. 2d 861 Florida District Court of Appeal, First District (1981) Caution
Cited by 4 cases

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Synopsis

Zeigler was convicted of manslaughter in the death of Diane Williams following a jury trial on a second-degree murder charge. The Florida District Court of Appeal reversed because the trial court improperly admitted extensive evidence of a collateral, unrelated murder (of Sheila Smith) that had no meaningful relevance to the Williams case and served only to show criminal propensity.


Holding

The court held that the evidence relating to the Smith murder was inadmissible because the similarities between the two shootings were superficial and the differences were significant, making the evidence probative only of criminal propensity. Even if technically relevant, the admission of the collateral crime evidence was not harmless error given how extensively it featured in the trial.


Headnotes

[1] Evidence of a collateral crime is inadmissible when its sole relevancy is to show the character or propensity of the accused.

[2] Evidence of a collateral crime is inadmissible if it is not logically probative of any fact in issue and serves only to demonstrate criminal propensity.

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Key Quotes

“Evidence of any facts relevant to a material fact in issue except where the sole relevancy is character or propensity of the accused is admissible unless precluded by some specific exception or rule of exclusion.”

Establishes the foundational rule that evidence may be admitted if it proves something other than propensity, but the Smith evidence failed this test.

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Facts & Procedural History

On New Year's Eve 1978-79, Zeigler shot and killed Diane Williams at a bar where he was working as a security guard. Zeigler immediately called police…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This an appeal of a judgment and sentence for manslaughter following a jury trial on a charge of second degree murder. We find merit in only one point raised by appellant. Because the trial court admitted extensive irrelevant evidence of a collateral crime, we reverse.

On New Years Eve 1978-79 an incident occurred in which appellant shot Diane Williams once with a pistol, killing her. Appellant had carried the pistol as he assisted the security guard in ejecting a customer who had threatened to throw a caustic substance on another customer and had engaged in a fight involving the throwing of barstools. As he reentered the bar, appellant shot Williams, who was on her way out of the bar. Appellant telephoned the police immediately following this shooting. As a result of this incident, appellant was charged with second degree murder and released on bond. In April, 1979, another incident occurred in which appellant shot Sheila Smith, with whom he lived, four times, killing her. Again, appellant was charged with second degree murder. The case involving Smith was tried first and resulted in conviction of second degree murder. At the trial on the charge resulting from Williams’ death, a number of references to the Smith killing were made. For example, Dr. Floro, a forensic pathologist, described the cause of Smith’s death, as well as of Williams’ death, giving a detailed description of the points at which the four bullets entered Smith’s body. At the beginning of his opening statement, the prosecutor had said this was a peculiar case because the jury would hear testimony about two homicides of which appellant was accused. In addition, a police officer was permitted to read portions of a statement which had been taken from appellant after he was apprehended following the Smith shooting. The statement related solely to the Smith shooting and included no references to the Williams’ shooting, which had occurred four months earlier. The statement described appellant’s dissatisfaction with Smith’s friends and various domestic points of contention. Finally, the statement included a description of a struggle over the gun which Smith drew after appellant announced his intention to leave, and related that after the gun went off once and Smith had been shot, appellant took the gun and shot her three more times. After shooting Smith, appellant fled.

The State’s theory in introducing the collateral crime evidence was that it was relevant to appellant’s state of mind or absence of mistake in shooting Williams. We disagree and hold that the evidence relating to the Smith murder was inadmissible. Under Williams v. State, 110 So. 2d 654 (Fla.1959):

[Ejvidence of any facts relevant to a material fact in issue except where the sole relevancy is character or propensity of the accused is admissible unless precluded by some specific exception or rule of exclusion. This rule we hold applies to relevant similar fact evidence.. . even though it points to the commission of another crime.

Common examples of elements which similar fact evidence is relevant to prove include motive, intent, absence of mistake, common scheme or plan, identity, or a system or general pattern of criminality. Id.; Ruffin v. State, 397 So. 2d 277 (Fla.1981). In the instant case, the similarities between the two shootings, that both victims were black women and both were shot with a handgun, were completely superficial. The differences were numerous and significant. Under the circumstances, with no significant similarities to render the evidence logically probative of any fact in issue, the collateral crime evidence was simply not relevant for any purpose other than to show criminal propensity, and it was inadmissible for this purpose.

Even if the collateral crime evidence were relevant, in our opinion it became a feature of the trial in this case. Davis v. State, 276 So. 2d 846 (Fla.2d DCA 1973) aff’d State v. Davis, 290 So. 2d 30 (Fla.1974). Under the circumstances we cannot say the admission of the collateral crime evidence in this case was harmless error. Clark v. State, 378 So. 2d 1315 (Fla. 3rd DCA 1980).

REVERSED and REMANDED for a new trial.

McCORD and SHIVERS, JJ., and LILES, WOODIE A. (Retired) Associate Judge, concur.


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Citator

Cited By

  • Deguster Blake Zeigler v. State, 471 So. 2d 172 (Fla. 1st DCA 1985)
    …8 L.Ed.2d 378 (1981); Silling v. State, 414 So. 2d 1182 (Fla. 1st DCA 1982). Compare, Barfield v. State, 402 So. 2d 377 (Fla.1981). We have considered and find wholly without merit the state’s contention that our prior decision in Zeigler v. State, 404 So. 2d 861 (Fla. 1st DCA 1981), decided the constitutional admissibility of appellant’s statement adversely to him, thus, under the principle of collateral estoppel precluding relitigation of the same issue here. The prior decision involved Zeigler’s convictio…
    1 / 2
  • Traylor v. State, 498 So. 2d 1297 (Fla. 1st DCA 1986)
    …er crimes is admissible when relevant to prove a material fact in issue, such as intent. Section 90.404(2)(a), Florida Statutes (1983). While there must be more than a general likeness between the similar act and the crime charged, Zeigler v. State, 404 So. 2d 861 (Fla. 1st DCA 1981), absolute factual identity is not required. Townsend v. State, 420 So. 2d 615, 617 (Fla. 4th DCA 1982). There were sufficient factual similarities herein so as to render evidence of the Beason murder admissible, if relevant to t…
  • Mattera v. State, 409 So. 2d 257 (Fla. 4th DCA 1982)
    …r made the first robbery a feature of the second robbery trial, not merely an incident. Four of the State’s eight witnesses testified solely to the first robbery. The use of the evidence to this extent constituted reversible error. Ziegler v. State, 404 So. 2d 861 (Fla. 1st DCA 1981); Williams v. State, 117 So. 2d 473 (Fla.1960). We conclude that the admission of the evidence constituted prejudicial error requiring new trials in both cases. REVERSED AND REMANDED. GLICKSTEIN and HURLEY, JJ., concur.…

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