ALEXANDER LEE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1995-04-28
No. 93-04236
SCHOONOVER, A.C.J., and THREADGILL, J., concur.
654 So. 2d 261 Florida District Court of Appeal, Second District (1995) Positive Treatment
Cited by 4 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

Williams appealed his robbery conviction, challenging the state's use of his prior convictions for impeachment purposes. The court affirmed, holding that while the prosecutor should possess certified copies of prior convictions, they need not be physically in hand at the time impeachment questions are asked if they are available for introduction if the defendant denies the convictions.


Holding

The court held that: (1) the failure to provide certified copies during discovery was not preserved for appeal because the issue was not raised at trial; and (2) while the state should actually possess certified copies, it is not necessary for the prosecutor to have them physically in hand prior to questioning if they are in the state's possession and available for introduction into evidence if needed.


Headnotes

[1] An issue must be presented to the lower court and the specific legal argument to be argued on appeal must be part of that presentation to be preserved for review.

[2] A party may impeach a witness, including an accused, by evidence of prior convictions if the crime was punishable by death or imprisonment in excess of one year, or invol…

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Key Quotes

“In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.”

Establishes the preservation requirement for the discovery argument, which was not raised at trial.

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Facts & Procedural History

Williams was convicted of robbery. During trial, the state sought to impeach Williams by asking about prior convictions. The certified copies of Willi…

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Opinion of the Court
FULMER, Judge.

FULMER, Judge.

In this appeal of his conviction and. sentence for robbery, Alexander Lee Williams raises two points arising out of the state’s use of his prior convictions for impeachment. We find no error and affirm.

Williams’ first contention is that the state’s failure to provide certified copies of his prior convictions during discovery was error. We decline to address this point because the defendant never presented this argument to the trial court. “In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.” Tillman v. State, 471 So. 2d 32, 35 (Fla.1985).

Williams’ second contention is that the prosecutor was required to have certified copies of his prior convictions in hand at the time Williams was asked the impeachment questions. We reject this argument because there is no absolute requirement for such a formality. Section 90.610(1),. Florida Stat utes (1993), governs impeachment by prior convictions and provides, in pertinent part:

A party may attack the credibility of any witness, including an accused, by evidence that the witness has been convicted of a crime if the crime was punishable by death or imprisonment in excess of 1 year under the law under which he was convicted, or if the crime involved dishonesty or a false statement regardless of the punishment. ...

This provision of the Florida Evidence Code defines those convictions that are admissible to impeach. The method by which such prior convictions may be introduced is established by case law. The state may impeach the defendant by asking him “Have you ever been convicted of a felony?” and “Have you ever been convicted of a crime involving dishonesty or false statement?” These questions should not be asked unless the prosecutor has knowledge that the defendant has been convicted of such crimes and has the evidence necessary for impeachment if the defendant fails to admit the number of convictions. See Cummings v. State, 412 So. 2d 436 (Fla. 4th DCA 1982). If the defendant denies the prior convictions or fails to admit the number of such convictions, the state may then introduce into evidence proof of the convictions, usually certified copies of the judgment and sentence, without stating the exact nature of the prior convictions. Porter v. State, 593 So. 2d 1158 (Fla. 2d DCA 1992); Peoples v. State, 576 So. 2d 783 (Fla. 5th DCA 1991), aff’d, on other grounds, 612 So. 2d 555 (Fla.1992); Cummings, 412 So. 2d 436.

Contrary to Williams’ assertion, neither Cummings nor Peoples requires that the certified copies be physically in the hand of the prosecutor at the time the impeachment questions are asked. While we believe that the state should actually possess the certified copies in the event the defendant denies the convictions, we hold that is not necessary for the prosecutor to have the certified copies in hand prior to questioning a defendant where the copies are in the possession of the state and are available to be introduced into evidence if necessary. Here the state possessed certified copies of Williams’ prior convictions, but did not have them in the courtroom at the time the defendant was initially questioned because the prosecutor had left them in another file which was “downstairs.” After a brief recess, the state produced and properly introduced the certified copies into evidence on rebuttal. Accordingly, we find no error. AFFIRMED.

SCHOONOVER, A.C.J., and THREADGILL, J., concur.


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Citator

Cited By

  • Barcomb v. State, 68 So. 3d 412 (Fla. 4th DCA 2011)
    …ior convictions, and the prosecutor asked about only two convictions. Thus, the prosecutor had a good faith reason to ask the question, having an affidavit from another jurisdiction attesting to the truthfulness of the record. In Williams v. State, 654 So. 2d 261 (Fla. 2d DCA 1995), the Second District held it was not error for the prosecutor to ask about convictions when certified copies of the convictions were in the prosecutor’s office and after a short recess were introduced on rebuttal. The Second Distr…
  • State v. Arman Jouzdani, 98 So. 3d 1264 (Fla. 1st DCA 2012)
    …3d 412 (Fla. 4th DCA 2011); Peoples v. State, 576 So. 2d 783, 789 (Fla. 5th DCA 1991), affd, 612 So. 2d 555 (Fla.1992); Brakeall v. State, 696 So. 2d 1246 (Fla. 5th DCA 1997); Cummings v. State, 412 So. 2d 436 (Fla. 4th DCA 1982); Williams v. State, 654 So. 2d 261 (Fla. 2d DCA 1995) (accepting the basic principle but holding that constructive possession of the certified conviction record is sufficient). This case illustrates the wisdom of this rule. A certified copy of the conviction showing that the witness…

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