JAMES LEE EARLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
James Lee Early appealed his cocaine sale conviction, challenging the admission of eyewitness testimony from Kenny Williams, a police officer, who identified Early in a videotape of the drug transaction. The court affirmed the conviction on the merits but reversed and remanded the imposition of costs because Early was not given notice and a hearing before costs were imposed.
The trial court properly admitted Williams's identification testimony as an aid to the jury given appellant's significantly altered appearance between the videotape and trial; however, the trial court erred in imposing costs without giving appellant notice and an opportunity to be heard.
[1] A witness may testify to identify a defendant in a videotape if the defendant's appearance has changed since the videotape was made, to aid the jury in correlating the im…
[2] The admission of identification testimony from a witness who knew the defendant and had previously identified him from a videotape is within the trial judge's discretion.
Previewing 2 of 3 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“It is an ultimate determination for the jury whether the person on the tape, and who sold the cocaine, is appellant.”
Establishes the fundamental principle that jury determination of identity is the ultimate fact-finding responsibility
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant sold cocaine to an undercover agent, and a videotape of the transaction was recorded. At trial, the undercover agent was hesitant in identif…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Imposition Of Costs cases and more on FLexlaw
PER CURIAM.
This is an appeal from a conviction for sale of cocaine.
Appellant sold cocaine to an undercover agent and a videotape of the transaction was made. At trial the undercover agent was tentative in his identification of appellant because appellant’s appearance had been changed since the sale. To support and confirm the identification of appellant the state presented, over objection, the testimony of another person, Kenny Williams, who said he had known appellant for approximately ten years and that the person depicted in the videotape selling the cocaine is the appellant. He first made the identification from the videotape in order to provide the identity of the seller for arrest purposes. He next made the identification of appellant in court for the jury. Kenny Williams is a police officer in the same department which made the case against appellant but the jury was never told that Williams was a policeman. Appellant’s attorney specifically did not object on the basis that Williams was a policeman: “Your honor, my objection isn’t based on the fact that Mr. Williams is a police officer, law enforcement officer, my objection is based on the fact is we are substituting Mr. Williams for the jury’s decision.”
We can find some legitimacy in appellant’s argument that the testimony of Williams was an invasion of the province of the jury. It is an ultimate determination for the jury whether the person on the tape, and who sold the cocaine, is appellant. However, because appellant had somewhat changed his appearance from the time the tape was made to when the trial was held, assistance by a witness, to correlate the two images and identify the appellant, is an aid to the jury. In the videotape appellant wore a billed cap, dark sunglasses, short hair and a beard. At trial he did not wear a cap or sunglasses, had longer hair with a ponytail and apparently no beard. The record of testimony is unclear about the beard. Although the agent who purchased the cocaine did identify appellant in the courtroom he told the jury that he had never seen appellant before and that the identification was a bit hard to do. Appellant’s defense was identity and Williams was offered to counter that defense. The admission of the testimony was within the judge’s discretion and it was proper to admit the testimony in this case. See and compare Hardie v. State, 513 So. 2d 791 (Fla. 4th DCA 1987), rev. den., 520 So. 2d 586 (Fla.1988).
It was error for the trial judge to impose the payment of costs upon appellant without notice and a chance to be heard so we must quash that order and remand for notice and hearing in that matter. AFFIRMED in part; REVERSED in part; REMANDED.
SHARP, C.J., and DAUKSCH and GOSHORN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Latrice DAY v. State, 105 So. 3d 1284 (Fla. 2d DCA 2013)…imony when a videotape does not provide clear images of the perpetrators, see, e.g., Hardie v. State, 513 So. 2d 791, 792 (Fla. 4th DCA 1987), or simply to support other identification evidence that might be subject to challenge, see Early v. State, 543 So. 2d 868, 868-69 (Fla. 5th DCA 1989). Here, Lee testified that she knew Day from when Lee worked in the neighborhood where Day lived. And Day’s defense at trial was misidentifi-cation. Because the store employees were not able to identify any of the perpetra…
-
State v. Price, 701 So. 2d 1204 (Fla. 3d DCA 1997)…as to identification. The Court in Cordia relies on Hardie for approval of this identification procedure, however, does not consider the issue as to jury knowledge of the employment of the witness. This procedure was also approved in Early v. State, 543 So. 2d 868 (Fla.App. 5 Dist.1989), yet again the Court stressed that the witness was not identified as a police officer. The fact scenario in Early was virtually identical to the one in this case, as pronounced by the Early court: “Appellant sold cocaine to a…
Authorities Cited
- Gonzalez v. State, 513 So. 2d 791 (Fla. 3d DCA 1987)