ROBERT LEE DIXON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1983-02-11
No. 82-447
BOARDMAN, A.C.J., and DANAHY, J., concur.
426 So. 2d 1258 Florida District Court of Appeal, Second District (1983) Positive Treatment
Cited by 19 cases

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Synopsis

Robert Lee Dixon was convicted of first-degree murder and attempted robbery, but the Florida District Court of Appeal reversed due to significant trial errors, including the improper admission of evidence regarding the defendant's prior arrests and hearsay testimony that may have violated Bruton protections.


Holding

The court held that admission of evidence of prior arrests is so prejudicial that it ordinarily requires automatic reversal of conviction, and that even if the defendant placed his character in issue through his testimony, the state should have proved bad character through reputation testimony, not through cross-examination about prior arrests. The court also identified the hearsay testimony as problematic and potentially violative of the Bruton rule.


Headnotes

[1] Evidence of a defendant's prior arrests is generally inadmissible and automatically requires reversal due to its prejudicial nature.

[2] A defendant's gratuitous statement of innocence does not place his character in issue such that the prosecution may cross-examine him about prior arrests.

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Key Quotes

“The admission of evidence of an accused's prior arrests is ordinarily deemed so prejudicial that it automatically requires reversal of his conviction.”

Establishes the fundamental legal principle that prior arrest evidence against the defendant is inherently prejudicial and warrants automatic reversal

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Facts & Procedural History

Dixon testified in his own defense, denying any involvement in the crimes and stating he had never hurt or robbed anyone. During cross-examination, th…

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Opinion of the Court
GRIMES, Judge.

GRIMES, Judge.

This is an appeal from a conviction of first degree murder and attempted robbery. Because we must reverse due to certain trial errors, it is unnecessary to recount the facts of the case.

The defendant testified in his own behalf. The following appears as the last question and answer on direct examination: Q Considering what you have testified to here today, Mr. Dixon, is there anything else that you would like to say on your own behalf, add or subtract, based upon what you’ve told us here today?

A The only thing I can say is the time that I have been incarcerated, I have been thinking how in the world I come into this. I don’t know how I come into this. I did not do it. I’ve never hurt nobody in my life. I’ve never robbed nobody in my life. I don’t know nothing about it. I don’t know the man.

On cross-examination, the state was permitted, over objection, to ask the defendant if it were true that on various specified dates he was arrested for strong armed robbery, burglary, grand theft, attempted robbery, involuntary rape, contempt, robbery, fighting, burglary, aggravated assault and grand theft. The defendant attempted to explain away these arrests by saying that he had not raped anybody and that he had never hurt anyone intentionally.

The admission of evidence of an accused’s prior arrests is ordinarily deemed so prejudicial that it automatically requires reversal of his conviction. Fulton v. State, 335 So. 2d 280 (Fla.1976). Here, the court permitted this line of inquiry upon the theory that when the defendant made the statement quoted above he put his character in issue, and as a consequence, the state was permitted to ask about prior arrests. This was a misapplication of Robinson v. State, 393 So. 2d 33 (Fla. 1st DCA 1981), which holds that the state may cross-examine a defendant’s character witness by asking whether he knew of an existing felony charge pending against the defendant. Such a question is pertinent because the character witness’s lack of knowledge of a prior arrest may affect his opinion concerning the defendant’s reputation. Greenfield v. State, 336 So. 2d 1205 (Fla. 4th DCA 1976). The same reasoning does not apply to the instant case because the defendant obviously knew about his prior arrests.

Under Florida’s new evidence code, evidence of a person’s character or a trait of his character is inadmissible to prove that he acted in conformity with it on a particular occasion except under certain limited circumstances. § 90.404(1), Fla.Stat. (1981). One exception permits, in a criminal case, the admission of evidence of a pertinent character trait of the accused offered by him, or by the prosecution to rebut the trait. § 90.404(l)(a). However, except when character or a trait of character is an essential element of the case, proof of a person’s character should be made through testimony about his reputation. § 90.405, Fla.Stat. (1981).

In view of the evidence code, it is doubtful that by making his gratuitous statement the defendant could be said to have placed his character in issue. See C. Ehrhardt, West’s Florida Practice § 404.4 (1977). However, even if he did, the state should have proved his bad character through testimony about the defendant’s reputation, not by cross-examination about prior arrests.

We also take this opportunity to mention another evidentiary error which can be avoided upon retrial. To understand this point, one must appreciate that it was the state’s theory that the defendant committed these crimes at the Blue Diamond Bar in the company of Willie Waldron and “Red” Settle. Over the defendant’s objection, Lillian Waldron, who was the sister of Willie Waldron, testified concerning a statement made by “Red” Settle that he, Waldron and another man whom Lillian knew committed a robbery and did some shooting at the Blue Diamond Bar. The state wanted this testimony because it had already been established that Waldron and the defendant were together on the night of the murder. However, the statement of Settle to Lillian Waldron clearly constituted hearsay, and its admission into evidence also may have violated the Bruton rule. See Hall v. State, 381 So. 2d 683 (Fla.1980).

We hereby reverse the judgments and remand the case for a new trial.

BOARDMAN, A.C.J., and DANAHY, J., concur.


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Citator

Cited By

  • Kruse v. State, 483 So. 2d 1383 (Fla. 4th DCA 1986)
    …me type of crime. The rule is clear that the state may only rebut testimony on reputation for good moral character, by reputation testimony as to bad moral character, not by cross-examination about prior arrests or specific bad acts. Dixon v. State, 426 So. 2d 1258 (Fla. 2d DCA 1983); Michaels v. State, 429 So. 2d 338 (Fla. 2d DCA 1983); §§ 90.404(l)(a), 90.405, Fla. Stat. (1983). Here the state was allowed, through the guise of impeaching a character witness, to inform the jury that the appellant had been acc…
  • DeFREITAS v. State, 701 So. 2d 593 (Fla. 4th DCA 1997)
    …as the prosecutor who asked the series of impermissible questions concerning prior acts of misconduct on cross-examination. See Weitz v. State, 510 So. 2d 1060 (Fla. 4th DCA 1987); Renney v. State, 543 So. 2d 420 (Fla. 5th DCA 1989); Dixon v. State, 426 So. 2d 1258 (Fla. 2d DCA 1983); cf. Bozeman v. State, 698 So. 2d 629 (Fla. 4th DCA 1997). Moreover, even when a defendant places a character trait in issue, it is erroneous for the state to rebut this evidence with specific acts of misconduct. See Dupont v. Sta…
  • Michaels v. State, 429 So. 2d 338 (Fla. 2d DCA 1983)
    …estion of his reputation for violence, the state should have proved his reputation for violence through testimony about the defendant’s reputation, not by cross-examination of the defendant concerning prior criminal acts of violence. Dixon v. State, 426 So. 2d 1258 (Fla. 2d DCA 1983). The third and last issue raised by the defendant concerns the extensive comment by the state in closing argument on the failure of the defendant to call the defendant’s daughter as a witness. It had been demonstrated during the…

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