CHARLES EDWARD CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. | 1990-04-26
No. 73089
EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.
560 So. 2d 1166 Florida Supreme Court (1990) Caution
Cited by 38 cases

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.

Synopsis

Charles Edward Carter was convicted of the first-degree murder, robbery, and kidnapping of Millie Worden and sentenced to death. The Florida Supreme Court affirmed the convictions but vacated the death sentence, finding that the trial court improperly overrode the jury's recommendation of life imprisonment because mitigating evidence of Carter's organic brain damage and diminished mental capacity provided a reasonable basis for the jury's recommendation.


Holding

The court affirmed the conviction for first-degree murder, robbery, and kidnapping but vacated the death sentence and remanded for imposition of life imprisonment. The trial court's override of the jury's life recommendation was improper because mitigating evidence regarding Carter's organic brain damage, mental disturbance, and capacity for rehabilitation provided a reasonable basis supporting the jury's recommendation under the Tedder standard.


Headnotes

[1] A trial court abuses its discretion by overriding a jury's recommendation of a life sentence when there is a reasonable basis in the record to support the jury's recommen…

[2] Evidence of a defendant's organic brain damage, mental disturbance, drug intoxication, and diminished capacity to appreciate the criminality of conduct can provide a reas…

Previewing 2 of 6 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

Key Quotes

“In order to sustain a sentence of death following a jury recommendation of life, the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ.”

Establishes the Tedder standard requiring extraordinarily compelling evidence to override a jury's life recommendation.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

On September 22, 1987, Carter and codefendant Johnny Johnson were picked up by elderly Millie Worden while hitchhiking. A few days later, Worden's par…

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.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Charles Edward Carter appeals his conviction for the murder of Millie Worden and the sentence of death imposed by the trial court. We have jurisdiction. Art. V, § 3(b)(1), Fla.Const. We affirm the conviction but vacate the sentence of death and remand for imposition of a life sentence. On September 22, 1987, Charles Carter and his codefendant, fifteen-year-old Johnny Johnson, were hitchhiking in Polk County. They were picked up by an elderly woman named Millie Worden, who occasionally liked to befriend hitchhikers. Wor-den took Carter and Johnson to her home and, later, when Worden’s daughter visited, concocted a story that the two were relatives from West Virginia.

A few days later, Worden’s partially decomposed body was found in an abandoned house several miles away. A coroner determined that the woman had died of asphyxiation caused either by strangulation or by cloth stuffed in her mouth, or perhaps by both. The woman had emphysema, which made asphyxiation easier. Carter and Johnson meanwhile had stolen Worden’s car and driven to North Carolina. They also made charges using Wor-den’s credit cards.

There was some dispute over exactly how Worden died. At trial, Johnson testified on behalf of the state that Carter had bound Worden’s arms and legs, stuffed cloth in her mouth, wrapped sheets around her and tied a knot in them. Later, said Johnson, he and Carter put Worden in the trunk of the woman’s car. At this time, he said the woman groaned and possibly said “let me out of here.’’ The two then drove to the abandoned house and left Worden there, said Johnson.

Carter told a different story. Taking the stand, Carter testified that he was not present in Worden’s house for part of the evening of the murder. Around midnight that night, testified Carter, he left Wor-den’s house and hitchhiked to the home of a friend, Mary Geary. At about 2 a.m., said Carter, someone began honking a horn in the yard. Going outside, Carter said he found Johnson sitting in Worden’s car. At this time, Carter stated that he joined Johnson and went with him to North Carolina.

Geary testified that she could not remember the date of Carter’s visit, but that it was about the time of Worden’s death. At that time, said Geary, someone did drive up outside her house and begin honking a car horn; and Carter went outside and got into this car, she said.

At trial, the jury found Carter guilty of first-degree murder, robbery, and kidnapping.

During the penalty phase, the state presented the coroner’s testimony that a person suffering asphyxiation is still conscious and able to experience fear. The state also presented the testimony of Wor-den’s daughter that Worden became very frightened when she could not breathe.

In mitigation, the defense presented testimony of a clinical psychologist that Carter had organic brain damage caused by brain injuries and chronic cocaine abuse.

A psychiatrist confirmed this testimony and concluded that Carter suffered brain damage, a personality disorder and the effects of drug abuse. The psychiatrist felt that Carter suffered extreme mental or emotional disturbance at the time of the murder, was substantially drug-intoxicated, had a diminished capacity to appreciate the criminality of his conduct, had a diminished capacity to conform his conduct to the requirements of the law and had a diminished capacity to commit a crime in a cold, calculated, and premeditated manner. Both of these defense witnesses testified that Carter’s disorders could be treated and that he could be rehabilitated.

After hearing this testimony, the jury recommended life in prison. However, the trial court overrode the jury, finding five aggravating factors and no mitigating factors. In addition, the judge departed from the sentencing guidelines and imposed a consecutive life sentence for the kidnapping conviction and a consecutive fifteen years for robbery.

In this appeal, Carter raises four issues.

First, he contends that the state introduced improper evidence that prejudiced his case. This evidence consisted of photographs of Worden’s decomposed body, a gun and knife taken from Carter that were of no relevance to the ease, testimony about Carter’s involvement in an unrelated burglary a few days before the murder, evidence of Carter’s drug abuse and in quiry into the nature of Carter’s prior convictions. We find error only in the introduction of the gun and knife, which unquestionably were irrelevant. However, having reviewed the record in its entirety, we can only conclude that this error was harmless and could not have affected the outcome of the case. See State v. DiGuilio, 491 So. 2d 1129 (Fla.1986). The other evidence either was properly admitted or was admitted without objection by Carter, which bars consideration of the issue at this time.

Second, Carter argues that the prosecutor engaged in improper argument impugning defense counsel and vouching for the truthfulness of the state’s chief witness, Johnson. This claim is barred for failure to object below. Darden v. State, 329 So. 2d 287 (Fla.1976), cert. dismissed, 430 U.S. 704, 97 S.Ct. 1671, 51 L.Ed.2d 751 (1977).

.Third, Carter contends that the case against him was based almost entirely on the testimony of Johnson and that Johnson’s version of the murder is too unbelievable to be deemed reliable. Having reviewed the record, we believe the issue of Johnson’s credibility was properly an issue for the jury. This Court thus may not disturb the verdict. Jent v. State, 408 So. 2d 1024, 1028 (Fla.1981), cert. denied, 457 U.S. 1111, 102 S.Ct. 2916, 73 L.Ed.2d 1322 (1982); Alvord v. State, 322 So. 2d 533 (Fla.1975), cert. denied, 428 U.S. 923, 96 S.Ct. 3234, 49 L.Ed.2d 1226 (1976).

Finally, Carter argues that the judge’s decision to override the jury’s recommendation of life was improper under Tedder v. State, 322 So. 2d 908 (Fla.1975). We agree. In Tedder we established the following standard:

In order to sustain a sentence of death following a jury recommendation of life, the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ. Id. at 910. As we elaborated in Ferry v. State, 507 So. 2d 1373, 1376 (Fla.1987), the Tedder standard

has been consistently interpreted by this Court to mean that when there is a reasonable basis in the record to support a jury’s recommendation of life, an override is improper. (Emphasis added.) We thus must look to the mitigating evidence before this jury to determine if it provided a reasonable basis for the life recommendation.

During the penalty phase of trial, both a psychologist and psychiatrist testified that Carter suffered incurable organic brain damage as a result of beatings as a child and other severe head injuries. They also testified that their histories of Carter revealed extensive drug abuse, including the possibility of substantial intoxication at the time of the murder. The psychologist, Dr. Dee, testified that he had performed a number of detailed tests on Carter. These tests disclosed the following:

I believe that Mr. Carter suffers an organic brain syndrome.... What that means is that the person is brain damaged. ...

... [T]he reason it’s called organic brain syndrome with mixed features, is there are also emotional components of these. These include increased impulsivity, I mean, to an abnormal degree. Frequently includes rage reactions, a kind of emotional instability and irritability, that’s probably one of the most constant features of organic brain syndrome.

Dr. Dee also testified that Carter suffered “somewhat delusional” schizoid episodes and had suffered severe bouts of depression at the time of the murder and thereafter. In addition, Dee stated that Carter’s incurable brain injuries had resulted in a diminished capacity to reason, which was exacerbated by drug and alcohol addiction. Dee also testified that Carter has a diminished ability to plan events. The psychologist stated: “I don’t think he premeditates things. He does whatever he feels on the spur of the moment.” However, Dr. Dee also stated that Carter is capable of being treated for his disorders in the state penal system.

The psychiatrist, Dr. McClain, testified that, based on Carter’s history, Carter probably suffered extreme mental disturbance at the time of the murder and probably was unable to appreciate the criminality of his conduct. The psychiatrist also testified that this impairment probably resulted in Carter being unable to engage in the “careful planning” required to coldly and calculatedly premeditate a murder under Florida law. See Rogers v. State, 511 So. 2d 526, 533 (Fla.1987), cert. denied, 484 U.S. 1020, 108 S.Ct. 733, 98 L.Ed.2d 681 (1988). Finally, the psychiatrist stated that he felt it was possible Carter could be treated and rehabilitated in a penal setting.

Although some reasonable persons might disbelieve portions of this testimony, we have no doubt that other reasonable persons would be convinced by it. The trial court’s decision to override the jury’s recommendation thus was improper, because a reasonable basis exists on this record to support the jury’s decision. Hall v. State, 541 So. 2d 1125 (Fla.1989); Harmon v. State, 527 So. 2d 182 (Fla.1988); Perry v. State, 522 So. 2d 817 (Fla.1988); Ferry; Tedder. Indeed, we find the present ease similar to our recent decision in Freeman v. State, 547 So. 2d 125 (Fla.1989), in which a similar jury override was disapproved. In both cases the jury heard evidence that, if true, would establish both statutory and nonstat-utory mitigating evidence regarding the defendant’s mental capacity, psychological state and childhood abuse. Indeed, we believe the mitigating evidence presented in the present case is more extensive than that argued in Freeman, since it also tended to establish that Carter is amenable to rehabilitation, see Cooper v. Dugger, 526 So. 2d 900, 902 (Fla.1988), and suffered the ill effects of chronic alcohol and drug abuse at the time of his offense. See, e.g., Hud-dleston v. State, 475 So. 2d 204, 206 (Fla.1985); Norris v. State, 429 So. 2d 688, 690 (Fla.1983).

Accordingly, we affirm Carter’s convictions but reduce the death penalty to a sentence of life in prison. The other issues raised by Carter regarding imposition of the death penalty thus are moot and will not be addressed.* Carter does not contest the departure sentences imposed for kidnapping and robbery, and these accordingly are affirmed.

It is so ordered.

EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur. *

We note, however, that the trial court’s order imposing the death penalty was fatally defective in that it found each aggravating factor to be established only by "clear and convincing" evidence. Aggravating factors must be established beyond a reasonable doubt. State v. Dixon, 283 So. 2d 1 (Fla. 1973), cert. denied, 416 U.S. 943, 94 S.Ct. 1950, 40 L.Ed.2d 295 (1974). Although this issue is moot in light of our disposition of the case, we belabor the matter for the instruction of our trial courts.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (18 total)

  • Woods v. State, 733 So. 2d 980 (Fla. 1999)
    …thin the province of the jury, see Davis v. State, 703 So. 2d 1055, 1060 (Fla.1997), cert. denied, — U.S. -, 118 S.Ct. 2327, 141 L.Ed.2d 701 (1998); Terry v. State, 668 So. 2d 954, 962 n. 9 (Fla.1996); Holton, 573 So. 2d at 290; cf. Carter v. State, 560 So. 2d 1166, 1168 (Fla.1990) (noting that credibility of accomplices’ version of murder is question for jury), and its findings will not be disturbed on appeal absent a clear showing of error. See Jent v. State, 408 So. 2d 1024, 1028 (1981), modified on other g…
  • Nibert v. State, 574 So. 2d 1059 (Fla. 1990)
    …ning abilities were substantially impaired by addiction to hard drugs; defendant was remorseful; defendant experienced positive change and self-improvement while in prison; and defendant was adaptable to structured prison life); cf. Carter v. State, 560 So. 2d 1166, 1169 (Fla.1990) (defendant’s amenability to rehabilitation considered a factor in reversing jury override). The trial court erred by not finding and weighing this uncontrovert-ed mitigating circumstance. Finally, Dr. Merin, an expert in the field…
  • Brown v. State, 721 So. 2d 274 (Fla. 1998)
    …h v. State, 507 So. 2d 788, 790 (Fla. 1st DCA 1987) (quoting Fla. Std. Jury Instr. (Crim.) 2.04(b)). The question of whether an accomplice is credible and the weight to be given to the testimony are issues for the jury to determine. Carter v. State, 560 So. 2d 1166, 1168 (Fla.1990); Smith, 507 So. 2d at 790. Here, the judge and jury were made aware of McGuire’s guilty plea to the lesser offense of second-degree murder. McGuire also testified that his sentence was an upward departure sentence for the crime to w…

Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited (26 total)

View all 26 cited authorities →

Full citator, related cases, and AI research tools

Open in FLexlaw