ANTONIO LEE CRAFT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Craft was convicted of first-degree murder, carrying a concealed firearm, and possession of a firearm by a convicted felon arising from a single incident. On appeal, the court affirmed the murder conviction and suppression ruling, found harmless error regarding jury instructions on self-representation, and vacated the concealed firearm conviction due to potential double punishment issues.
The court affirmed the suppression ruling, finding no reasonable expectation of privacy in a garbage can left outside a privacy fence. The court found harmless error regarding the failure to inform the defendant of his self-representation right. The court vacated the conviction for carrying a concealed firearm and certified a question to the Florida Supreme Court regarding whether a defendant can be convicted and sentenced for separate firearm offenses committed during the same criminal episode.
[1] A garbage can left outside a privacy fence does not create a reasonable expectation of privacy as to its contents.
[2] A trial court's error in failing to inform a defendant of their right to self-representation after a motion to discharge counsel is harmless when there is overwhelming ev…
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Join FLexlaw to unlock all legal intelligence“we find that the trial court did not err in making the factual determination that there was no reasonable expectation of privacy as to the contents of a garbage can left outside a privacy fence”
Establishes the court's holding on the Fourth Amendment issue regarding garbage can searches and privacy expectations.
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Join FLexlaw to unlock all legal intelligenceCraft was found guilty of first-degree murder and carrying a concealed firearm in one trial. In a subsequent trial arising from the same incident, he …
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[*113] WOLF, Judge.
Craft (defendant) was found guilty of first-degree murder and carrying a concealed firearm. In a subsequent trial arising out of the same incident, he was found guilty of possession of a firearm by a convicted felon. Defendant raises four issues on appeal: (1) Whether the lower court erred in denying appellant’s motion to suppress evidence; (2) whether the lower court erred in denying appellant’s motion for appointment of new counsel; (3) whether the lower court erred in allowing the homicide to become a feature of the trial for possession of a firearm by a convicted felon; and (4) whether the lower court erred in imposing judgments and sentences on both firearm offenses. We find no merit as to issue three, and affirm without discussion. As to issue one, we find that the trial court did not err in making the factual determination that there was no reasonable expectation of privacy as to the contents of a garbage can left outside a privacy fence. See U.S. v. Hedrick, 922 F. 2d 396 (7th Cir.1991), cert. denied, 502 U.S. 847, 112 S.Ct. 147, 116 L.Ed.2d 113 (1991). We, therefore, affirm as to issue one.
As to issue two, while we find that the trial court erred in failing to inform the defendant as to his right of self representation after hearing defendant’s motion to discharge counsel based on incompetence (see Bodiford v. State, 665 So. 2d 315 (Fla. 1st DCA 1995)), we find that such an error was harmless in light of the overwhelming evidence of guilt and the later representations by defendant’s counsel in defendant’s presence that he did not desire to represent himself. See Parker v. State, 570 So. 2d 1053 (Fla. 1st DCA 1990), rev. denied, 581 So. 2d 1309 (Fla.1991).
As to issue four, we are required to vacate the conviction for carrying a concealed firearm for the reasons set forth in Brown v. State, 670 So. 2d 965 (Fla. 1st DCA 1995). We again certify the question previously certified in Brown:
WHEN A DEFENDANT COMMITS SEPARATE OFFENSES DURING THE SAME CRIMINAL EPISODE, EACH INVOLVING A FIREARM, BUT EACH HAVING SEPARATE AND DISTINCT ELEMENTS, MAY THE DEFENDANT BE CONVICTED AND SENTENCED FOR EACH CRIME?
BOOTH, J., concurs.
BENTON, J., concurs in result.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Parker v. State, 570 So. 2d 1053 (Fla. 1st DCA 1990)
- Everett v. Brown, 670 So. 2d 965 (Fla. 1st DCA 1995)
- United States v. Hedrick, 922 F.2d 396 (7th Cir. 1991)
- Bodiford v. State, 665 So. 2d 315 (Fla. 1st DCA 1995)
- Hayden v. United States, 502 U.S. 847 (U.S. 1991)
- Rodriguez v. Hoke, 502 U.S. 847 (U.S. 1991)