LYNWOOD WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1984-12-26
No. AU-305
SHIVERS and NIMMONS, JJ., concur.
462 So. 2d 52 Florida District Court of Appeal, First District (1984) Positive Treatment
Cited by 4 cases

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Synopsis

Lynwood White appeals his conviction for possession of a firearm by a convicted felon. The appellate court affirmed the conviction, finding no reversible error regarding the admission of evidence of his prior conviction or a juror's independent view of the crime scene.


Holding

The prior conviction was properly admitted because it is an essential element of the charged offense of possession of a firearm by a convicted felon, as established in Parker v. State. The juror's independent view of the crime scene did not warrant a mistrial because the impropriety was harmless, as the view was momentary and without substantial informative value, and did not taint the jury's deliberative process.


Headnotes

[1] A certified copy of a prior conviction may be introduced into evidence if such prior conviction is an essential element of a charged offense.

[2] The introduction of a certified copy of a prior conviction is permissible when the charged offense is possession of a firearm by a convicted felon.

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Key Quotes

“a certified copy of a prior conviction may be introduced into evidence if such prior conviction is an essential element of a charged offense”

Establishes the rule allowing introduction of prior conviction evidence when it is an essential element of the charged offense, drawing from Parker v. State.

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Facts & Procedural History

White was charged with possession of a firearm by a convicted felon. At trial, a certified copy of his prior conviction for escape was introduced over…

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Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

Appellant seeks review of a judgment of conviction and sentence for the offense of possession of a firearm by a convicted felon. We find that appellant has presented no point of reversible error and we therefore affirm the judgment and-sentence appealed.

Prior to trial appellant filed motions seeking to preclude “any mention of the nature of” a prior conviction. The court denied appellant’s motions and at trial, over appellant’s objection, a certified copy of a prior judgment of conviction for escape was introduced into evidence. Appellant asserts that the jury was thus impermissi-bly apprised that he was in custody before his earlier offense.

In State v. Williams, 444 So. 2d 13 (Fla.1984), the court indicated that a defendant “would undoubtedly be prejudiced by the introduction of ... the details of the nature” of a prior offense. However, Williams did not expressly recede from or otherwise qualify Parker v. State, 408 So. 2d 1037 (Fla.1982), which established that a certified copy of a prior conviction may be introduced into evidence if such prior conviction is an essential element of a charged offense. Unlike the present case and Parker, in which the charged offense was possession of a firearm by a convicted felon, Williams was an escape prosecution which required proof of lawful custody rather than a prior conviction. The present case is thus controlled by Parker, and since appellant’s prior conviction is an essential element of the charged offense it was permissible to introduce into evidence a certified copy of such prior conviction.

After trial appellant became aware that a juror had, during a trial recess, undertaken an independent view of the scene of the charged offense. The court was made aware of this circumstance and, with the participation of counsel for both appellant and the state, hearings were held with the juror in question and the jury foreman. The court determined that the offending juror had made a cursory view of the premises and drawn a sketch thereof in the jury room.

Jurors may not, of course, receive any information or evidence that has not been introduced at trial. See e.g., Bottoson v. State, 443 So. 2d 962 (Fla.1984); Russ v. State, 95 So. 2d 594 (Fla.1957). However, such impropriety warrants a mistrial only if prejudice resulted. See Bottoson, supra; Russ, supra. Similarly, Fla.R.Crim.P. 3.600(b)(2) provides for a new trial where the jury received any evidence out of court, but only where the “substantial rights of the defendant were prejudiced thereby.” In the present case the court’s inquiry revealed that the offending juror’s personal view of the scene was of but momentary duration, without substantial informative value, and did not taint the jury’s deliberative process. It was thus ascertained that the impropriety was not of such a character as to probably influence the jury or otherwise raise a presumption of prejudice. The asserted impropriety may accordingly be considered harmless and does not require a mistrial. Compare Russ, supra.

Appellant having failed to present any point of reversible error, the judgment and sentence appealed are hereby affirmed.

SHIVERS and NIMMONS, JJ., concur.


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Citator

Cited By

  • Marshall v. State, 664 So. 2d 302 (Fla. 3d DCA 1995)
    ….S. 873, 105 S.Ct. 223, 83 L.Ed.2d 153 (1984) (finding no prejudice to the defendant where an exhibit that had not been offered into evidence was sent to the jury room with the evidence during the deliberations in the penalty phase); White v. State, 462 So. 2d 52 (Fla. 1st DCA 1984) (no prejudice to the defendant where a juror had undertaken an independent view of the crime scene), rev. denied, 472 So. 2d 1182 (Fla.1985); Murphy v. State of Florida, 363 F.Supp. 1224 (S.D.Fla.1973) (jurors with knowledge of i…
  • Doutre v. State, 539 So. 2d 569 (Fla. 1st DCA 1989)
    …een a perfect trial, but it was certainly a fair trial before a fair jury he helped choose. He relied upon United States v. Steele, 785 F. 2d 743 (9th Cir.1986), in which the court reached the same conclusion under similar facts. In White v. State, 462 So. 2d 52 (Fla. 1st DCA 1984), this Court recognized that jurors may not receive any information or evidence that has not been introduced at trial but concluded that any extrinsic evidence received by the jury will mandate a new trial only where the “substant…

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