OSVALDO SIGARAY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Osvaldo Sigaray was convicted of burglary and grand theft after police found him hiding in a burglarized home with stolen jewelry in his pockets. The trial court erred by allowing the jury to learn about similar pending charges against the defendant during voir dire, but the Florida appellate court affirmed the conviction under harmless error analysis.
The error was harmless and did not require reversal under the two-prong harmless error test from State v. DiGuilio. The overwhelming evidence of guilt and the limited nature of the impermissible evidence—which received no further mention after voir dire—establish beyond a reasonable doubt that the error did not affect the verdict.
[1] An appellate court reviews a trial court's denial of a motion for mistrial for an abuse of discretion.
[2] An error in admitting evidence of pending criminal charges against a defendant requires reversal unless the state can prove the error was harmless beyond a reasonable dou…
Previewing 2 of 5 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“While it was error to reveal to the jury pending criminal charges against the defendant, we hold that error does not require reversal under the two-prong test for harmless error set forth in State v. DiGuilio, 491 So.2d 1129 (Fla.1986).”
Establishes the harmless error standard the court applies to the erroneous disclosure of pending charges.
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Join FLexlaw to unlock all legal intelligencePolice responding to a burglary report found the defendant hiding under a bed in the burglarized home. A search of his pockets revealed jewelry belong…
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PER CURIAM.
Defendant appeals his conviction for burglary and grand theft. We affirm.
Responding to a burglary report that a man was seen entering the window of a home, police found the defendant hiding under a bed in the home. A search of the defendant’s pockets produced jewelry later found to belong to the homeowner. The defendant was charged with burglary, grand theft, and resisting arrest. The trial court entered a not guilty plea after the defendant stood mute.
With defendant’s consent, jury selection took place outside the judge’s presence.1 During voir dire, defense counsel by mistake read to jurors the similar charges in another grand theft case pending against the defendant which defense counsel thought was the case to be tried. The state did not object to the reading of the wrong information. Upon realizing the mistake, defense counsel moved for a mistrial. The motion was denied. The jury found defendant guilty of burglary and grand theft; he now appeals.
While it was error to reveal to the jury pending criminal charges against the defendant, we hold that error does not require reversal under the two-prong test for harmless error set forth in State v. DiGuilio, 491 So. 2d 1129 (Fla.1986). First, in considering the permissible evidence presented to the jury, there was clearly overwhelming evidence of guilt. Second, the impermissible evidence presented consisted of reading to the jury similar charges against the defendant in a separate case. The impermissible evidence in no way became the focus of the trial. There was no further mention of the erroneous information after the voir dire examination.
According to DiGuilio, the appellate court must be able to state beyond a reasonable doubt that the error did not affect the verdict or else reversal is required. Id. at 1139. Weighing the permissible evidence of overwhelming guilt against the impermissible evidence conveyed to the jury, we readily hold the error to be harmless. See Fox v. State, 543 So. 2d 340 (Fla. 1st DCA 1989).
Affirmed.
. After State v. Singletary, 549 So. 2d 996 (Fla. 1989), the trial judge’s presence during jury selection cannot be waived by anyone, including the defendant. Singletary does not retroactively apply to the case at hand.
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Citator
Cited By
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Rodriguez v. State, 645 So. 2d 1126 (Fla. 3d DCA 1994)…PER CURIAM. Affirmed. State v. DiGuilio, 491 So. 2d 1129 (Fla.1987); Sigaray v. State, 549 So. 2d 1136 (Fla. 3d DCA 1989).…
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- State v. Singletary, 549 So. 2d 996 (Fla. 1989)
- Mangle Mosley v. State, 543 So. 2d 340 (Fla. 1st DCA 1989)
- FOX v. State, 543 So. 2d 340 (Fla. 1st DCA 1989)