ALFRED LEROY CARR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1991-04-16
No. 90-1781
ERVIN and MINER, JJ., concur.
578 So. 2d 398 Florida District Court of Appeal, First District (1991) Caution
Cited by 6 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

Alfred Leroy Carr was convicted of cocaine possession after police discovered two plastic baggies in his shirt pocket at a detention center. The Florida First District Court of Appeal reversed, holding that the trial court improperly admitted evidence of Carr's prior cocaine possession conviction to prove knowledge, which constituted reversible error under the Williams rule because it invited the jury to infer guilt based on propensity rather than the specific charges.


Holding

The court reversed Carr's conviction, holding that the evidence of his prior cocaine possession conviction was inadmissible because it was relevant solely to prove propensity to commit the crime, not to prove knowledge. The court found the admission of this similar fact evidence constituted reversible error because Carr's credibility was the central issue and the evidence was not overwhelming.


Headnotes

[1] Similar fact evidence is inadmissible when it is relevant solely to prove bad character or propensity.

[2] Evidence of prior convictions or other bad acts is admissible to prove knowledge, intent, or identity, but not propensity.

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Key Quotes

“Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity.”

Establishes the legal standard under Florida Statute 90.404(2) distinguishing between admissible similar fact evidence and inadmissible propensity evidence.

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Facts & Procedural History

A Columbia County deputy observed Carr talking with others outside a home and conducted a consensual search that yielded no contraband. After discover…

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Opinion of the Court
JOANOS, Judge.

JOANOS, Judge.

Alfred Leroy Carr appeals his conviction for possession of cocaine. Carr contends the trial court erred in admitting similar fact evidence for the sole purpose of showing that he had a propensity to possess cocaine. We reverse.

The evidence at trial revealed that while on patrol, a Columbia County deputy sheriff observed appellant talking with other persons in front of a Lake City home. The deputy sheriff called Carr over to the patrol car and asked permission to search Carr’s person. After obtaining Carr's consent and conducting the search, the deputy ran a computer check which revealed an outstanding warrant for Carr’s arrest for violation of probation. Carr was then handcuffed and transported to the Columbia County Detention Center. At the detention center, a second search of Carr yielded two plastic baggies of cocaine, allegedly discovered in Carr’s left shirt pocket.

At trial, defense witnesses testified that the street search of Carr was thorough, and that it exceeded the bounds of a pat- down. No contraband was discovered during this initial search. During the testimony of one defense witness, the jury and the defense witness were excused from the courtroom. Outside the presence of the jury and the witness, the assistant state attorney advised the trial court that he intended to elicit testimony from defense witnesses that Carr is a cocaine user, and that he had been convicted of cocaine possession in the past. The assistant state attorney argued that Carr’s prior conviction and cocaine use were admissible to prove knowledge of the presence of the drug on his person, in that it was more likely that a person who had possessed cocaine in the past would possess cocaine on the occasion at issue.

Defense counsel objected to admission of the proposed testimony, arguing that the state had failed to provide the ten-day notice required under the Williams rule, and that the prejudicial effect of the evidence outweighed its probative value. The state responded that since the evidence was offered as impeachment and rebuttal to Carr’s defense that the cocaine was planted on him, the ten-day notice was not required. The trial court ruled that the testimony would be admitted as relevant to the issue of knowledge, and that the probative value of the evidence outweighed any prejudice. We disagree.

The statute applicable, section 90.404(2), Florida Statutes (1989), provides in part:

(2) OTHER CRIMES, WRONGS, OR ACTS.—

(a) Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity.

(b) 1. When the state in a criminal action intends to offer evidence of other criminal offenses under paragraph (a), no fewer than 10 days before trial, the state shall furnish to the accused a written statement of the acts or offenses it intends to offer, describing them with the particularity required of an indictment or information. No notice is required for evidence of offenses used for impeachment or on rebuttal.

Relevant evidence should be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. § 90.403, Fla.Stat. (1989); Bryan v. State, 533 So. 2d 744, 747 (Fla.1988), cert. denied, 490 U.S. 1028, 109 S.Ct. 1765, 104 L.Ed.2d 200 (1989); State v. Wright, 473 So. 2d 268, 269 (Fla. 1st DCA 1985), review denied, 484 So. 2d 10 (Fla.1986).

Admission of irrelevant similar fact evidence is “presumed harmful error because of the danger that a jury will take the bad character or propensity to crime thus demonstrated as evidence of guilt of the crime charged.” Keen v. State, 504 So. 2d 396, 401 (Fla.1987), quoting Straight v. State, 397 So. 2d 903, 908 (Fla.), cert. denied, 454 U.S. 1022, 102 S.Ct. 556, 70 L.Ed.2d 418 (1981). Such error is not harmful, i.e., reversible, where the proof of guilt is clear and convincing, without consideration of the collateral evidence introduced in violation of the Williams rule. McKinney v. State, 462 So. 2d 46, 47 (Fla. 1st DCA 1984). However, the sufficiency of properly admitted evidence to support guilt is not determinative of harmless error in the similar fact evidence context. In Keen, the court recognized that the properly admitted evidence was sufficient to support a jury verdict of guilt, but declined to find harmless error. The court observed that the evidence of Keen’s guilt was not overwhelming, and the real jury issue centered on the respective credibility of the defendant Keen and the state witness who testified against him. 504 So. 2d at 401.

In a similar vein, in Jackson v. State, 570 So. 2d 1388 (Fla. 1st DCA 1990), this court reversed a conviction for possession of cocaine, because cash seized from Jackson at the time of his arrest was admitted into evidence. There was no suggestion that Jackson was engaged in the sale or purchase of cocaine, and the amount of cash seized was not relevant to prove any element of possession of cocaine. Because Jackson denied possession of cocaine, claiming it had been planted on him by the police, his credibility was in issue. Therefore, improper admission of the cash invited conjecture on the part of the jury that Jackson was involved in other unproven criminal conduct, making it more likely that he could be guilty of the charged offense. 570 So. 2d at 1389. See also Richardson v. State, 528 So. 2d 981 (Fla. 1st DCA 1988).

In the instant case, the trial court admitted evidence of appellant’s prior conviction for possession of cocaine for the purpose of showing knowledge of cocaine. Here, as in Keen and Jackson, the real jury issue was appellant’s credibility as opposed to that of the credibility of the state witness who testified against him. Evidence of appellant’s prior conviction for possession of cocaine was not related to the charge being tried, and permitted the jury to infer guilt of the present charge on the basis of evidence which suggested appellant has a propensity to commit this kind of crime. This, together with an absence of overwhelming evidence of guilt, indicates the evidence should have been excluded, because its probative value was outweighed by the danger of unfair prejudice.

Accordingly, we reverse Carr’s conviction for possession of cocaine, and remand with directions to grant a new trial.

ERVIN and MINER, JJ., concur.


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Citator

Cited By

  • Bennett v. State, 593 So. 2d 1069 (Fla. 1st DCA 1992)
    …ints of similarity must have some special character or be so unusual as to point to the defendant. This court has clearly recognized an interplay between § 90.404(2), Florida Statutes (1989), and § 90.403, Florida Statutes (1989). In Carr v. State, 578 So. 2d 398 (Fla. 1st DCA 1991), the court reversed a conviction because of the admission of similar fact evidence for the sole purpose of showing the defendant’s propensity to possess cocaine. The court observed that under § 90.403, relevant evidence should be…
  • Algernon Sampson v. State, 645 So. 2d 1005 (Fla. 2d DCA 1994)
    …and whether its probative value was outweighed by the danger of unfair prejudice. Bryan v. State, 533 So. 2d 744 (Fla.1988), cert. denied, 490 U.S. 1028, 109 S.Ct. 1765, 104 L.Ed.2d 200 (1989). The facts here are similar to those in Carr v. State, 578 So. 2d 398 (Fla. 1st DCA 1991). The police searched Carr outside a Lake City home. Based on an outstanding warrant, they took him to the Columbia County detention center, where he was again searched. In this second search, the police allegedly found two baggie…
  • Hayes v. State, 276 So. 3d 950 (Fla. 3d DCA 2019)
    …nsity may be “presumed harmful error,”4 “[s]uch error is not harmful, i.e., reversible, where the proof of guilt is clear and convincing, without consideration of the collateral evidence introduced in violation of the Williams rule.” Carr v. State, 578 So. 2d 398, 399 (Fla. 1st DCA 1991) (citing McKinney v. State, 462 So. 2d 46, 47 (Fla. 1st DCA 1984)). The evidence presented in this trial documented the victim’s injuries, linked Mr. Hayes’ DNA to that found on K.W.’s body and established that he was in the…
    1 / 2

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