TERRY LAMAR BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Terry Lamar Brown appealed his convictions for first-degree murder and burglary, challenging the denial of his motion to suppress statements and his motion to sever the two counts. The Florida appellate court affirmed both convictions, finding sufficient probable cause for his detention and no prejudice from the joinder of the offenses.
The court affirmed both rulings. First, the trial court properly denied the suppression motion because the police had probable cause to detain Brown based on the totality of circumstances. Second, the court properly denied severance because the two offenses were sufficiently connected in an episodic sense to be joined in the same trial, and Brown failed to demonstrate prejudice from the joinder.
[1] A trial court's denial of a motion to suppress statements obtained from a defendant is presumed correct and will be upheld if the evidence, construed most favorably to th…
[2] Evidence supporting probable cause for detention includes knowledge that a burglary occurred, the defendant was a suspect, the defendant was familiar with the victim's ho…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The ruling of the trial court is clothed with a presumption of correctness, and the evidence must be construed most favorably to uphold the court's ruling.”
Establishes the standard of review for appellate examination of trial court's suppression ruling.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn July 11, 1983, Brown burglarized Rudolph Kinard's home and stole a .22-caliber firearm. On July 13, 1983, Brown shot and killed Kinard with that fi…
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ZEHMER, Judge.
Terry Lamar Brown appeals his convictions of first degree murder and burglary of a dwelling. He was charged with the July 13, 1983, premeditated killing of Rudolph Kinard and the July 11, 1983, burglary of Kinard’s dwelling. In August 1984 Brown filed an amended motion for severance of the two counts, alleging that joinder was improper and that severance was necessary to protect his rights to a fair trial by jury and due process. The motion was denied. Brown also filed a motion to suppress a series of statements obtained from him by law enforcement officials on July 14, 1983, alleging the statements were the result of an illegal arrest made without a warrant or probable cause. After an evidentiary hearing, the trial court denied Brown’s motion to suppress.
Brown proceeded to trial by jury. The state presented circumstantial evidence which established that on July 11, 1983, he burglarized a dwelling owned by Rudolph Kinard, stealing a .22-caliber firearm, and that two days later, on July 13, Brown shot and killed Kinard. Brown was found guilty of both counts and sentenced to life in prison on the murder charge and to fifteen years on the burglary charge.
Brown’s first point contends that the trial court’s denial of his motion to suppress violated his state and federal constitutional rights to due process of law and to be free from unreasonable searches and seizures. The trial court determined that Brown’s detainment for questioning required probable cause but that the evidence taken as a whole was sufficient to establish that the police could reasonably believe he had committed an offense. The ruling of the trial court is clothed with a presumption of correctness, and the evidence must be construed most favorably to uphold the court’s ruling. MacNamara v. State, 357 So. 2d 410 (Fla.1978). The record contains sufficient evidence to support the court’s ruling. At the time of detention, the police knew a burglary had been committed and that Brown was a suspect. They knew that Brown was familiar with the victim’s house and gun rack from having occasionally worked for the victim and that clothing connected to Brown and found by Kinard at his home on the day of the burglary was subsequently missing from Kinard’s possession. The police also knew that, shortly before his body was discovered, Kinard had telephoned Brown and asked when he had returned to pick up his clothes. Based on these findings of fact, we find no error in the trial court’s denial of the motion to suppress.
Brown’s second point contends that the trial court erred in denying his amended motion for severance. Although the two offenses charged were of different character, they were sufficiently connected, in an episodic sense, to be joined in the same trial. Paul v. State, 385 So. 2d 1371 (Fla.1980). In addition, appellant has not demonstrated that he was prejudiced by the failure to sever the offenses. Abbott v. State, 334 So. 2d 642 (Fla. 3d DCA 1976), cert. denied, 345 So. 2d 420 (Fla.1977), cert. denied, 431 U.S. 968, 97 S.Ct. 2926, 53 L.Ed.2d 1064 (1977).
AFFIRMED.
SHIVERS and BARFIELD, JJ., concur.
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Brown v. State, 502 So. 2d 979 (Fla. 1st DCA 1987)…VERS and BARFIELD, JJ., concur. . The motion was timely filed pursuant to our order granting appellant's motion to withdraw the mandate and republish the opinion because appellant did not timely receive a copy of our opinion filed October 31, 1986, 496 So. 2d 961. See Gardner v. State, 375 So. 2d 2 (Fla. 4th DCA 1979). . We commend appellant’s counsel for filing a motion for rehearing which fully comports with the requirements and purpose of rule 9.330, Florida Rules of Appellate Procedure. Concisely presen…
Authorities Cited
- McNAMARA v. State, 357 So. 2d 410 (Fla. 1978)
- Dalton Abbott v. State, 334 So. 2d 642 (Fla. 3d DCA 1976)
- Robles DEL MAR, Inc. v. Town OF Indian River Shores, 385 So. 2d 1371 (Fla. 1980)
- Paul v. State, 385 So. 2d 1371 (Fla. 1980)
- United States Steel Corp. v. United Mine Workers of Am., 431 U.S. 968 (U.S. 1977)
- Bolden v. United States, 431 U.S. 968 (U.S. 1977)