SAMMY DORSEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1994-07-05
No. 93-720
WEBSTER and LAWRENCE, JJ., concur.
639 So. 2d 158 Florida District Court of Appeal, First District (1994) Positive Treatment
Cited by 21 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.


Holding

The court held that testimony characterizing the arrest scene as known for drug activity was inadmissible and not harmless error.


Headnotes

[1] Testimony characterizing an arrest scene as a high crime area, without reference to presently occurring criminal activity observed by the officer, is generally inadmissib…

[2] The admissibility of testimony about the criminal reputation of an area depends on whether it reports the officer's observations of ongoing criminal activity or merely ch…

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 intelligence

Facts & Procedural History

An undercover officer purchased cocaine from someone in a group, transmitted a description, and the appellant was arrested. The appellant claimed he w…

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
ALLEN, Judge.

ALLEN, Judge.

The appellant challenges his convictions and sentences for possession of cocaine and sale of cocaine within one thousand feet of a school. Because we conclude that the trial court erred in allowing testimony that the area where the appellant was arrested was known for drug activity, we reverse.

Gainesville Police Officer Willis participated in a police bust/buy operation in which he dressed in plainclothes and drove an unmarked car to attempt to purchase illegal drugs. Willis pulled up to a group of three or four persons and purchased a rock of cocaine from one of the persons in exchange for a twenty dollar bill. As Willis drove away, he transmitted a description of the cocaine seller to other officers, who immediately arrived on the scene and arrested the appellant. The-appellant was charged with one count of possession of cocaine and one count of sale of cocaine within one thousand feet of a school. At trial, the appellant asserted that he was not the person who had possessed and sold the cocaine. The jury found the appellant guilty of both counts.

The appellant challenges the admissibility of Willis’s trial testimony that the arrest scene was known for drug activity. The supreme court has held that the mere identification of an area as a high crime area does not per se constitute prejudicial error. Gillion v. State, 573 So. 2d 810 (Fla.1991).

Whether such testimony is unduly prejudicial depends upon the facts of each case. Id. at 812.

In Gillioñ, the officer did not attempt to characterize the area as one of high crime, but rather relayed what criminal activity he had actually seen while driving through the area just prior to the defendant’s arrest. The court found that testimony “relevant to clarify for the jury why this area was selected for this police operation, why this is where a drug buy would be made.” Id. at 812.

Subsequent cases have likewise distinguished between testimony reporting an officer’s observations of presently occurring criminal activity and testimony simply characterizing an arrest area as a high crime area. See Lowder v. State, 589 So. 2d 933, 935 (Fla. 3d DCA 1991), dismissed, 598 So. 2d 78 (Fla.1992); Hutchinson v. State, 580 So. 2d 257 (Fla. 1st DCA 1991).

In the present case, Officer Willis was not reporting his observations, but was characterizing the area as a high crime area, i.e., “known for a lot of drug activity [where police] go on a regular basis.” The testimony, then, unlike the testimony in Gillion, was not admissible to explain why police were in the area. See Lowder; Hutchinson. Thus, the remaining question is whether the error in admitting the testimony was harmless.

The state urges that the error was harmless, relying upon Conner v. State, 582 So. 2d 750 (Fla. 1st DCA 1991), in which the court determined that a single reference to the locale of the crime was harmless where the purchasing confidential informant testified and identified the defendant with whom he was previously acquainted and the tape of the transaction was played for the jury at trial. In this case, however, Willis did not know the defendant, and identification was the entire defense. The state primarily relied upon the eyewitness testimony of Willis that the appellant was the person that sold him the cocaine, and a comment made by the appellant at the police station questioning why police go after small dealers instead of the suppliers.

With regard to the identification of the appellant, the defense pointed out that the transaction occurred at night in a dimly lit area, and the seller only spoke with Willis from outside the passenger side of the car.

Furthermore, notwithstanding that only seconds elapsed between the transaction and the arrest, and that officers were watching for abandonment of evidence as they closed in for arrest, the twenty dollar bill was not recovered from the appellant’s person or in the surrounding area. The defense also pointed out weaknesses of the description of the seller supplied by Willis.

Finally, although the prosecution played an audio tape 'of the transaction, no one identified the voice of the seller as belonging to the appellant. Under such circumstances, 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 discussion and disposition, we need not address the other issue raised in the appellant’s brief.

WEBSTER and LAWRENCE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Lewis v. State, 754 So. 2d 897 (Fla. 1st DCA 2000)
    …the witness answered affirmatively, defense counsel immediately moved for a mistrial based on the alleged improper “character attack” associating Appellant with an area characterized as the site of large-scale drug transactions. See Dorsey v. State, 639 So. 2d 158 (Fla. 1st DCA 1994); Wilkins v. State, 561 So. 2d 1339 (Fla. 2d DCA 1990). Counsel also asked for the jury to be instructed to disregard the question and answer. After hearing argument of counsel, the trial court sustained the objection and gave a c…
  • Odell Wheeler v. State, 690 So. 2d 1369 (Fla. 4th DCA 1997)
    …the prosecutor alluded to the criminal character of the neighborhood. Id. at 815. Similarly, testimony that the arrest scene was known for drug activity was the basis for reversing a conviction for possession and sale of cocaine in Dorsey v. State, 639 So. 2d 158 (Fla. 1st DCA 1994). In Dorsey, as in this case, a plainclothes officer drove an unmarked car and attempted to purchase illegal drugs as part of a police bust/buy operation. At trial, the officer did not merely report his actual observations on the…
  • Goodwin v. State, 721 So. 2d 728 (Fla. 4th DCA 1998)
    …Fla. 4th DCA 1978), in which “bad neighborhood” comments combined with either improper prosecutorial remarks or additional bad neighborhood testimony from other witnesses constituted reversible error. However, we acknowledge that in Dorsey v. State, 639 So. 2d 158 (Fla. 1st DCA 1994), and Lowder v. State, 589 So. 2d 933 (Fla. 3d DCA 1991), a single “bad neighborhood” reference constituted reversible error. We note that both eases were decided prior to the enactment of section 924.051(7), and thus relied on Di…

Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw