ANTONIO RAY IVERY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Antonio Ray Ivery challenges his convictions for burglary and petit theft, arguing the trial court erred by admitting a witness's prior inconsistent statement without instructing the jury that it was relevant only to credibility, not guilt. The appellate court found merit in this argument and reversed, holding that prior inconsistent statements cannot be used as substantive evidence and require a limiting instruction.
The trial court erred by failing to instruct the jury that the prior inconsistent statement was relevant only to Walton's credibility and not as proof of the defendant's guilt. A witness's prior inconsistent statement to a police officer cannot be used as substantive evidence and requires a limiting instruction.
[1] A prior inconsistent statement of a witness may not be admitted as substantive evidence of a defendant's guilt.
[2] When a witness's prior inconsistent statement is admitted for impeachment purposes, the jury must be instructed that the statement is relevant only to the witness's credi…
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Join FLexlaw to unlock all legal intelligence“A witness's prior inconsistent statement to a police officer cannot be used as substantive evidence.”
Establishes the fundamental legal principle that prior statements cannot be used to prove guilt, only credibility
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Join FLexlaw to unlock all legal intelligenceOn April 9, 1987, Chris Walton gave a statement to Detective Dennison implicating Ivery in burglary and petit theft. At trial, Walton's testimony diff…
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SCHEB, Acting Chief Judge.
The defendant, Antonio Ray Ivery, challenges his convictions for burglary of a dwelling and petit theft. He contends that the trial court erred in admitting the prior inconsistent statement of a prosecution witness without instructing the jury that such statement was relevant only to the witness’s credibility and was not evidence of the defendant’s guilt. We find merit to this point and reverse.
The state charged the defendant with burglary of a dwelling and petit theft, violations of sections 810.02 and 812.014, Florida Statutes (1985). The offenses allegedly occurred on April 9, 1987. During a police investigation on that day, Chris Walton gave a statement to Detective Dennison implicating the defendant. When called to testify for the state at trial, Walton’s testimony differed substantially from his prior statement. Walton was declared an adverse witness, and the state elicited from him that he previously told Detective Den-nison that the defendant had committed the crimes. Detective Dennison then testified about the content of Walton’s prior inconsistent statement.
Defense counsel objected to the testimony concerning Walton’s prior inconsistent statement. Counsel asked the court to instruct the jury that the evidence tending to impeach Walton was not introduced to prove the truth of the matter asserted but only as evidence of Walton’s lack of credibility. The court denied the request. After the state rested, the defendant moved for a judgment of acquittal, which was denied. At the close of the case the defendant renewed his motion for a judgment of acquittal and again requested the court instruct the jury that impeachment testimony cannot be used to prove the matter asserted. The motion and request were denied. A jury found the defendant guilty of both charges, and after adjudication and sentencing, this appeal ensued.
A witness’s prior inconsistent statement to a police officer cannot be used as substantive evidence. State v. Delgado-Santos, 497 So. 2d 1199 (Fla.1986). The trial court erred in not instructing the jury that Walton’s prior inconsistent statement was relevant only to Walton’s credibility and not as proof or evidence of the defendant’s guilt. See Brumbley v. State, 453 So. 2d 881 (Fla.1984).
We reject the state’s argument that the error was harmless. The only other evidence against the defendant was circumstantial and certainly not compelling. Absent Walton’s prior inconsistent statement, the evidence against the defendant will not withstand the harmless error test of State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).
We find no reversible error with respect to the defendant’s remaining point on appeal.
Reversed and remanded for a new trial.
HALL and THREADGILL, JJ., concur.
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Denesiz Letroy Smith v. State, 880 So. 2d 730 (Fla. 2d DCA 2004)…urposes, Smith would have been entitled to a limiting instruction to the jury that the three recanting witnesses’ prior inconsistent statements were relevant only to the issue of their credibility and not as substantive evidence. See Ivery v. State, 548 So. 2d 887, 888 (Fla. 2d DCA 1989). “A witness’s prior inconsistent statement to a police officer cannot be used as substantive evidence.” Id. (citing State v. Delgado-Santos, 497 So. 2d 1199 (Fla.1986)). However, in Smith’s case, the State requested and the t…1 / 2
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Henderson v. State, 135 So. 3d 472 (Fla. 2d DCA 2014)…nstruction limiting the testimony for impeachment purposes. Because the trial court erred in admitting the testimony as substantive evidence, the trial court also erred in denying the defense’s request for a limiting instruction. See Ivery v. State, 548 So. 2d 887, 888 (Fla. 2d DCA 1989) (“The trial court erred in not instructing the jury that [the witness’s] prior inconsistent statement was relevant only to [the witness’s] credibility and not as proof or evidence of the defendant’s guilt.”); see also Smith v…
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Mustafa A. Abdulla v. State, 223 So. 3d 276 (Fla. 4th DCA 2017)…ement is true and the in-court testimony is false.” Espinoza v. State, 37 So. 3d 387, 388 (Fla. 4th DCA 2010).2 Put another way, “[a] witness’s prior inconsistent statement to a police officer cannot be used as substantive evidence.” Ivery v. State, 548 So. 2d 887, 888 (Fla. 2d DCA 1989). Here, viewing the 'quoted statements above within the necessary context, we hold that the prosecutor’s comments crossed the line from proper argument about impeachment into an improper claim that the prior statements were s…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- State v. Delgado-Santos, 497 So. 2d 1199 (Fla. 1986)
- Bek-New Chemist, Inc. v. Dep't of Prof'l Reg., 453 So. 2d 881 (Fla. 3d DCA 1984)