HENRY LEWIS PETERSON, 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.
The court held that the repeated characterization of the arrest area as a high drug trafficking area by law enforcement officers, over defense objection, constituted prejudicial error requiring a new trial.
[1] Testimony characterizing the arrest location as a "high drug trafficking area" is inadmissible when it is inflammatory and designed to create an indelible impression that…
[2] The admission of inflammatory testimony regarding the character of an arrest location constitutes harmful error requiring a new trial, unless the state proves beyond a re…
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 intelligenceThe defendant was convicted of possession of cocaine with intent to sell or deliver. During the trial, arresting officers repeatedly described the are…
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 Circumstantial Evidence Of Intent cases and more on FLexlaw
SCHEB, Acting Chief Judge.
The defendant, Henry Lewis Peterson, was found guilty by a jury of possession of cocaine with intent to sell or deliver, section 893.13, Florida Statutes (1987). He raises three points on appeal. We find merit in only one of his arguments, yet it mandates that he receive a new trial.
At issue is the arresting officers’ repeated trial characterizations of the area where Peterson was arrested as a “high drug trafficking area.” Indeed, one officer specifically stated that Graham’s Inn, the exact location of Peterson’s arrest, was “one of our known trafficking areas.” These comments were allowed over numerous defense objections. On appeal, Peterson argues that the trial court erred in allowing the officers to make such comments repeatedly. We agree.
In Wilkins v. State, 561 So. 2d 1339 (Fla. 2d DCA 1990), a new trial was warranted on a charge of possession with intent to sell contraband because an officer testified, over objection, that the vicinity of the defendant’s arrest was a “high crime area known for narcotics” called a “drive-up” or “pass by.” This court determined these remarks were inflammatory and designed to create an indelible impression that the defendant was there for no other purpose than to deal in drugs. The court reviewed the record and concluded that the admission of the statements was prejudicial and constituted harmful error. Accord, Beneby v. State, 354 So. 2d 98 (Fla. 4th DCA), cert. denied, 359 So. 2d 1220 (Fla.1978) (new trial warranted on possession charge because an officer testified, over objection, that a certain bar had been the site of several narcotics arrests and had a reputation for narcotics, and prosecutor referred to its reputation in opening statement and closing argument).
In the instant case, the officers repeatedly referred to the area generally, and Graham’s Inn in particular, as a high drug trafficking area. Thus, under the previously mentioned case law, it is clear that error was committed. Our inquiry, however, does not end here.
Gillion v. State, 573 So. 2d 810 (Fla.1991), the supreme court’s most recent pronouncement on the subject, indicates that the degree of prejudice caused by such comments varies depending upon the exact testimony given. Thus, this kind of error may sometimes be rendered harmless by the particular facts of the prosecution. For example, in Huffman v. State, 500 So. 2d 349 (Fla. 4th DCA 1987), the court held that in light of overwhelming evidence of guilt, testimony that a defendant was arrested in a high crime area was harmless error, if error at all. Similarly, the court in Gillion affirmed the defendant’s conviction even though an officer had testified over defense objection that he had observed drug transactions in the arresting area immediately before the arrest.
For an error to be considered harmless, however, the state must prove beyond a reasonable doubt that the specific comments did not contribute to the verdict. State v. DiGuilio, 491 So. 2d 1129 (Fla.1986). As for the instant situation, we cannot say the state has proved beyond a reasonable doubt that the repeated characterizations did not have an unduly prejudicial impact.
The officers’ evaluation of the area in general and the Graham Inn in particular had great potential to affect the jurors’ decision. The charge was possession with intent to sell or deliver; thus, Peterson’s intent was a key issue at trial. The state’s evidence of intent was all circumstantial, comprised of Peterson’s actions and apparent responses to his companion’s suspicious hand signals. Thus, the officers’ testimony calling attention to the character of the area may well have impacted the jurors’ evaluation of the circumstantial evidence of intent. Indeed, on appeal, the state acknowledges that introduction of such evidence is designed to imply intent. As we have noted in Wilkins, however, it is potentially unfair to impugn an entire neighborhood in this way. A defendant may there by be unjustly incriminated by his mere presence in an area he must inhabit.
We are mindful that, unlike in Beneby, the prosecutor here did not mention the nature of the area in his opening statement or closing argument. Nevertheless, we cannot say the officers’ repeated testimonial characterizations were harmless beyond any reasonable doubt, especially since the only other witness to testify at trial was the police laboratory analyst.
Accordingly, we reverse and remand for a new trial.
CAMPBELL and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dorsey v. State, 639 So. 2d 158 (Fla. 1st DCA 1994)…cumstances, we are unable to assume that the jury did not consider the prejudicial inference suggested by Willis’s testimony that since the area of arrest was known for drug dealing the appellant was probably dealing in drugs. See Peterson v. State, 578 So. 2d 25 (Fla. 2d DCA 1991). We are therefore unable to conclude that the error was harmless beyond a reasonable doubt. Id.; see State v. DiGuilio, 491 So. 2d 1129 (Fla.1986). Accordingly, we reverse and remand for a new trial. In light of the foregoing dis…
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Gillion v. State, 573 So. 2d 810 (Fla. 1991)
- Beneby v. State, 354 So. 2d 98 (Fla. 4th DCA 1978)
- Allen v. State, 561 So. 2d 1339 (Fla. 2d DCA 1990)
- Berkenfeld v. MGB Corp., 500 So. 2d 349 (Fla. 4th DCA 1987)