DONALD R. COHRON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Donald Cohron appeals his conviction for escape from a road prison program and his sentencing as a habitual felony offender. The court affirmed his escape conviction but reversed his habitual felony offender designation because all predicate felony convictions occurred on the same date, lacking the sequential nature required by Florida law.
The impeachment regarding prior convictions was proper. Although the trial court erred in admitting evidence of pending charges and the public defender's work, this error was harmless given Cohron's admission of all essential elements of escape. The habitual felony offender sentence must be reversed because Florida law requires sequential felony convictions, not convictions all occurring on the same date.
[1] A prosecutor may impeach a defendant's testimony regarding prior felony convictions by refreshing the defendant's memory as to the number and nature of those convictions.
[2] Evidence of pending criminal charges is generally inadmissible in an escape prosecution, even if offered to explain the defendant's motivation for escaping.
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“The manner in which this impeachment was conducted by the state conformed to law.”
Court upheld the state's right to impeach Cohron's testimony about his prior felony convictions.
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Join FLexlaw to unlock all legal intelligenceOn August 1, 1989, Cohron escaped from a road prison program. At trial, Cohron testified he had only one prior adult felony conviction, but the state …
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ZEHMER, Judge.
Donald Cohron appeals a final judgment adjudicating him guilty of one count of escape from the custody of a road prison program on August 1,1989, and sentencing him as a habitual felony offender to a thirty-year term of imprisonment. He raises several issues.
Cohron first contends that the circuit court erred in allowing the prosecutor to interrogate him about the number and nature or types of his prior adult felony convictions. While testifying in his defense, Cohron stated that he had been previously convicted of one prior adult felony. Thereafter, the state was permitted to refresh Cohron’s memory as to his numerous prior felony convictions. The manner in which this impeachment was conducted by the state conformed to law. See Houston v. Young, 337 So. 2d 852 (Fla. 1st DCA 1976); State v. Young, 283 So. 2d 58 (Fla. 1st DCA 1973), cert. denied, 290 So. 2d 61 (Fla.1974); Cummings v. State, 412 So. 2d 436 (Fla. 4th DCA 1982).
Cohron next contends that the circuit court erred in permitting the state to introduce evidence of the criminal offenses for which he was charged but not convicted at the time of his escape. The circuit court’s ruling permitted this evidence in rebuttal to Cohron’s testimony and contention that he escaped from prison to seek work so he could employ another attorney to replace the public defender that he felt was inadequately representing him. Initially, we observe that the court should not have admitted the defendant’s evidence of this excuse, because it was irrelevant to the issues at trial and did not constitute a legally sufficient defense to the charge of escape. State v. Alcantaro, 407 So. 2d 922 (Fla. 1st DCA 1981), rev. denied, 413 So. 2d 875 (Fla.1982); Watford v. State, 353 So. 2d 1263 (Fla. 1st DCA 1978). This error was further compounded by allowing the state to present evidence of the number and nature of pending charges and the work being done on them by the public defender. Ordinarily, evidence of the number and nature of charges pending when the defendant escapes from custody is not admissible. Fonts v. State, 375 So. 2d 347 (Fla. 2d DCA 1979); Warren v. State, 371 So. 2d 219 (Fla. 2d DCA 1979). Even if Cohron’s explanation had been relevant and admissible, however, only rebuttal evidence relevant to his personal state of mind, i.e., the subjective motivation for escaping, would be admissible; whether the public defender was in fact providing adequate representation and what the defender was working on simply was not probative of this issue. Although we agree with Cohron that the trial court erred in admitting this evidence, in view of Cohron’s trial testimony admitting all essential elements of escape, this error was harmless under the test laid down in State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).
Finally, Cohron complains that it was error to sentence him as a habitual felony offender. All of the prior felony convictions serving as the predicate for classifying and sentencing him as a habitual felony offender in the record occurred on October 20, 1987. This patent lack of sequential convictions requires reversal of Cohron’s adjudication as a habitual felony offender. Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991). As in Barnes, we certify the following question of great public importance:
WHETHER SECTION 775.084(l)(a)l, FLORIDA STATUTES (SUPP.1988), WHICH DEFINES HABITUAL FELONY OFFENDERS AS THOSE WHO HAVE “PREVIOUSLY BEEN CONVICTED OF TWO OR MORE FELONIES,” REQUIRES THAT EACH OF THE FELONIES BE COMMITTED AFTER CONVICTION FOR THE IMMEDIATELY PRIOR OFFENSE.
Appellant’s conviction is AFFIRMED. The sentence as a habitual felony offender is REVERSED and the cause is remanded for resentencing.
BARFIELD and WOLF, JJ., concur.
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State v. Cohron, 597 So. 2d 251 (Fla. 1992)…OVERTON, Justice. The State of Florida petitions this Court to review Cohron v. State, 581 So. 2d 947 (Fla. 1st DCA 1991), in which the First District Court of Appeal reversed Cohron’s sentencing as a habitual offender. The district court certified the following question as being of great public importance: WHETHER SECTION 775.084(l)(a)l, FLORIDA S…
Authorities Cited (12 total)
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991)
- Cummings v. State, 412 So. 2d 436 (Fla. 4th DCA 1982)
- Cochran v. Cochran, 412 So. 2d 436 (Fla. 4th DCA 1982)
- Watford v. State, 353 So. 2d 1263 (Fla. 1st DCA 1978)
- State v. Young, 283 So. 2d 58 (Fla. 1st DCA 1973)
- State v. Alcantaro, 407 So. 2d 922 (Fla. 1st DCA 1981)
- Houston v. State, 337 So. 2d 852 (Fla. 1st DCA 1976)
- Warren v. State, 371 So. 2d 219 (Fla. 2d DCA 1979)
- Fouts v. State, 375 So. 2d 347 (Fla. 2d DCA 1979)