JACKIE LEE HARRISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jackie Lee Harrison was convicted of possession of a firearm by a convicted felon based solely on his confession. The Florida District Court of Appeal reversed, holding that the state failed to prove the corpus delicti of the crime independent of the defendant's statement, which violates the requirement that a confession cannot be the sole basis for conviction.
The state failed to prove corpus delicti independent of Harrison's confession. The conviction cannot stand because it was based solely on the confession without substantial independent evidence that Harrison actually or constructively possessed a firearm.
[1] A conviction cannot be obtained solely upon a defendant's confession without independent proof of the corpus delicti of the crime.
[2] The corpus delicti of a crime must be proven by substantial evidence independent of the defendant's confession before the confession may be admitted into evidence.
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Join FLexlaw to unlock all legal intelligence“Before a defendant's confession can be admitted into evidence, the state must prove by substantial evidence the corpus delecti of the crime independent of the statement.”
Establishes the legal standard requiring independent proof of essential crime elements before a confession is admissible
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Join FLexlaw to unlock all legal intelligenceHarrison and a companion were apprehended after an attempted robbery of a convenience store. Witnesses placed Harrison in the area hours before the ro…
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HALL, Judge.
Jackie Lee Harrison appeals his conviction of possession of a firearm by a convicted felon. Appellant submits that the state failed to prove the corpus delicti of the crime charged and obtained its conviction solely upon appellant’s confession. We agree and accordingly reverse.
Appellant and a companion were apprehended subsequent to an aborted robbery of a gas/convenience store. Testimony of the attendant and her daughter-in-law placed appellant in the area of the convenience store just hours before the attempted robbery. The daughter-in-law of the attendant reported later observing a masked individual approach the building. She immediately reentered the station and called her mother-in-law. The two then went outside and saw a large brown or burgundy car driving away.
The police were notified and given a description of the vehicle, which they shortly thereafter discovered abandoned on the roadside not too far from the convenience store. They encountered appellant nearby, issued Miranda warnings to him, and questioned him as to his knowledge of the attempted robbery. Appellant responded that his partner had fled northward with a gun. Police subsequently apprehended appellant’s partner running through a nearby orange grove, carrying a .38 revolver. Several hours later the police investigator interviewed appellant at his residence. Appellant, after having been advised of his Miranda rights, gave the investigator a statement in which he admitted he had a gun at the time he attempted the robbery. Prior to this point in time there was no evidence presented that appellant ever possessed a gun.
Apart from appellant’s confession, there was no proof of his actual or constructive possession of a firearm. None of the state witnesses observed appellant in possession of a gun. Appellant’s partner, Johnston, did not testify, and the arresting officer did not find any firearms on appellant’s person.
Before a defendant’s confession can be admitted into evidence, the state must prove by substantial evidence the corpus delecti of the crime independent of the statement. State v. Hepburn, 460 So. 2d 422 (Fla. 5th DCA 1984); Ruiz v. State, 388 So. 2d 610 (Fla. 3d DCA 1980), petition for review denied, 392 So. 2d 1380 (Fla.1981); Stone v. State, 378 So. 2d 765 (Fla.1980).
It is clear that the result below is precisely what the corpus delecti doctriné prohibits, i.e., a conviction solely based on appellant’s confession. Ruiz v. State.
Accordingly, appellant’s conviction and sentence for possession of a firearm by a convicted felon must be reversed.
RYDER, C.J., and SCHOONOVER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Stone v. State, 378 So. 2d 765 (Fla. 1979)
- Ruiz v. State, 388 So. 2d 610 (Fla. 3d DCA 1980)
- State v. Hepburn, 460 So. 2d 422 (Fla. 5th DCA 1984)