CHARLES MATTERA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1982-02-10
Nos. 81-241, 81-297
GLICKSTEIN and HURLEY, JJ., concur.
409 So. 2d 257 Florida District Court of Appeal, Fourth District (1982) Positive Treatment
Cited by 4 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

Charles Mattera was convicted of two robberies and argued on appeal that the trial court erred by admitting evidence of the second robbery during trial of the first robbery, and vice versa. The court reversed both convictions, finding that the similar facts were not sufficiently distinctive to establish a common modus operandi and that the evidence was presented in an unduly prejudicial manner.


Holding

The court held that the evidence of the collateral robbery was inadmissible because the similarities between the two robberies were insufficient and non-unique to establish identity, and even if admissible, the prosecution's extensive use of the other robbery (four of eight witnesses testifying solely about it in the second trial) constituted reversible error requiring new trials in both cases.


Headnotes

[1] Evidence of collateral offenses is admissible to prove identity, common scheme or design, intent, motive, or pattern.

[2] For evidence of collateral offenses to be admissible to prove identity under the mode of operating theory, there must be identifiable points of similarity that pervade th…

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Key Quotes

“The mode of operating theory of proving identity is based on both the similarity of and the unusual nature of the factual situations being compared. A mere general similarity will not render the similar facts legally relevant to show identity. There must be identifiable points of similarity which pervade the compared factual situations.”

Establishes the legal standard for admitting evidence of other crimes to prove identity, requiring more than general similarity.

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Facts & Procedural History

Mattera was charged with two robberies occurring ten days apart in different municipalities: one at Geppetto's Tail of the Whale Restaurant on May 11,…

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Opinion of the Court
BERANEK, Judge.

BERANEK, Judge.

These consolidated cases involve two robberies, one occurring on May 11, 1980, at Geppetto’s Tail of the Whale Restaurant in Fort Lauderdale, and the other occurring on May 21, 1980, at a Howard Johnson’s in Lauderdale-By-The-Sea. Both robberies were committed by a white male with a northeastern accent wearing a stocking mask. The second robbery was accomplished with the use of a gun. The appellant was charged with both robberies and in each case the prosecution filed a notice of intent to offer evidence of a collateral offense and the appellant filed a motion in limine to exclude the evidence. Although presented prior to trial, the court reserved ruling on the appellant’s motion.

Trial on the first robbery was held on January 19 and 20,1981. Prior to the testimony of the arresting officer, the trial court heard argument as to whether the officer could testify to the later robbery at Howard Johnson’s. This officer had stopped the appellant on the date of the second robbery pursuant to a BOLO issued after the robbery, and had found a stocking mask in the car. The court limited the officer’s testimony to stopping the car and finding the mask; no mention was made of the second robbery. In a somewhat inconsistent ruling and over defendant’s objection, the court then allowed the prosecution to introduce testimony of the victim of the second robbery. The victim could not identify the appellant, but merely stated that he had been robbed by a male with a northeastern accent wearing a stocking mask and carrying a gun. The appellant was convicted of robbery and sentenced to Í5 years.

Trial on the second robbery was held February 3 and 4, 1981. Four of the eight witnesses testified solely to the first robbery. The appellant was convicted of armed robbery and sentenced to 30 years to run concurrently with his other sentence. His sole point on appeal in both cases is that the trial court erred in allowing testimony of a collateral offense which was irrelevant and prejudicial. We agree and reverse.

Evidence of other crimes is admissible to prove identity, common scheme or design, intent, motive or pattern. Section 90.404(2), Florida Statutes (1979); Walker v. State, 403 So. 2d 1109 (Fla. 2d DCA 1981). In both cases the evidence of the other robbery was ostensibly admitted on the issue of identity. As stated in Drake v. State, 400 So. 2d 1217, 1219 (Fla.1981).

The mode of operating theory of proving identity is based on both the similarity of and the unusual nature of the factual situations being compared. A mere general similarity will not render the similar facts legally relevant to show identity. There must be identifiable points of similarity which pervade the compared factual situations. Here, the only similarities between the two robberies were the use of the stocking mask by a white male with a northeastern accent, hardly unique or unusual circumstances. Further, there were substantial dissimilarities: the crimes occurred ten days apart in different municipalities; one was planned with the help of an employee, while the other was not; one involved a gun, the other did not; one occurred at a restaurant, the other at a motel; and different words were said in each case. The State should not be permitted to select a few similarities while ignoring the large number of dissimilarities.

Furthermore, even if the evidence were admissible, the prosecutor 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.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • DIX v. State, 485 So. 2d 38 (Fla. 2d DCA 1986)
    …Williams Rule “evidence of identification” of the robbery for which he was being tried without further identification of similarities in the circumstances of the robberies themselves. See Drake v. State, 400 So. 2d 1217 (Fla.1981); Mattera v. State, 409 So. 2d 257 (Fla. 4th DCA 1982). Thus, we conclude, under the safeguards established in Williams v. State, 110 So. 2d 654 (Fla.1959), that there were insufficient similar facts in relation to the three crimes to render the evidence of the two unrelated robberi…
  • Johnson v. State, 432 So. 2d 583 (Fla. 4th DCA 1983)
    …e of similar facts is admissible if relevant to any material issue other than propensity to commit crime or bad character. Williams v. State, 110 So. 2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). See Mattera v. State, 409 So. 2d 257 (Fla. 4th DCA 1982). There is no suggestion in this case that Johnson was attempting to evict the victim. Nor is any relationship shown between the victim and Johnson’s stepfather. The evidence was not material to any issue other than to show propen…

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